Legal Question in Credit and Debt Law in California
I'm in the initial stages of filing bankruptcy however I'm being sued by a creditor. I've received a summons however I don't believe the bankruptcy case will be discharged before I get sued by the creditor. Would I be able to be protected under bankruptcy if the creditor presses ahead before my debt is discharged?
2 Answers from Attorneys
"The initial stages of filing bankruptcy" should include consulting a lawyer. Any bankruptcy filing will stop the lawsuit no matter what stage it is at, and a bankruptcy discharge will often wipe-out the debt even if the creditor has a judgment against you. It's clear you haven't yet sat down with a bankruptcy lawyer, because he or she would have told you about the "automatic stay" which instantly stops lawsuits like Raid on bugs.
Just to clarify Mr. Stone's answer: you are protected under bankruptcy from the day you file (providing your filing doesn't have problems and gets rejected). In addition, anyone who has notice of your filing is prohibited under penalty of federal law from taking any actions whether in a lawsuit or otherwise, to collect any debt listed in the bankruptcy filing.
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