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