Legal Question in Credit and Debt Law in California

I'm being sued for a credit card of $5500+ but filing for bankruptcy. How do I reply to their recent set of 30 + questions, without answering them directly while advising of the bankruptcy also?


Asked on 4/19/11, 5:29 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Ignore them (if and only if you plan to file for bankruptcy right away). Consult the attorney who is handling your bankruptcy.

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Answered on 4/19/11, 6:43 pm
Robert F. Cohen Law Office of Robert F. Cohen

The bankruptcy should discharge the debt to the bank that issued the credit card, and the bankruptcy filing stays (stops) all collection efforts. The lawsuit against you is a collection effort that is enjoined when you file the bankruptcy. Once the bank receives the notice of the bankruptcy, the lawsuit will stop dead in its tracks and eventually will be dismissed.

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Answered on 4/19/11, 7:49 pm

If you get the bankruptcy filed before the answers to the questions are due, just serve a notice of the bankruptcy filing, and file a copy with the court, and you don't have to do anything else about the questions. If you can't file for bankruptcy before the answers are due, you basically have to answer them as if you are not filing for bankruptcy.

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Answered on 5/02/11, 10:53 pm


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