Legal Question in Bankruptcy in California

Joint or separate filing

I have some credit card debt of about $4,500. I have a doctor bill that's not very large and has been sent to a collection agency.

The credit card co. served a summons telling me of a lawsuit by the credit card co. that I have 20 days to reply to.

Questions:

Can they take funds from my bank accounts? How about my husband's account and our joint account?

I am in the process of buying a home? If I file bankruptcy, how will that be affected? I have already been approved for that loan.

If I were to file BR, should I file with my husband or alone? The credit cards and doctor bill is in my name alone. How would filing Br by myself affect my husband?


Asked on 1/06/04, 2:33 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Joint or separate filing

If you don't answer the lawsuit, they can get a default judgment and then take money from your bank account and any joint account. You should set up an appointment with a lawyer to discuss the other issues and help you put your petition together.

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Answered on 1/06/04, 3:04 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Joint or separate filing

You need to answer the lawsuit. It will be better if you do BK for yourself...you should sit down with an attorney.

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Answered on 1/06/04, 5:34 pm


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