Legal Question in Bankruptcy in Florida

Re: bankruptcy

You should file sooner before later. You have 20 to answer that lawsuit. If you don't file an Answer and Affirmative Defenses with the Clerk of Courts in your county, a Default Judgment will eventually be entered against you. Once the Plaintiffs obtain a judgment, it cannot be discharged in bankruptcy unless you file a Motion to Avoid Judgment Lien in your bankruptcy case. This is not a standard motion and you will most likely be charged extra for it by your bankruptcy attorney. Therefore, it is always better to file bankruptcy before a creditor gets a judgment against you. To answer your second question, yes you can list all debts you owe in you bankruptcy petition and seek to have them discharged. You do not have to be delinquent to seek to discharge a loan in a bankruptcy.