Plan to file but I think I have messed up

[MJJ3767]

I spoke to an attorney and plan to file Chapter 13 in the next week or so. I was trying to hurry and file to avoid a judgement that is certain to happen around Nov. 4th. I would have preferred to wait until after the new year to file but that changed when this summons arrived.

IF I don't file before the judgement is made against me, will the Chapter 13 erase the judgement?

I am concerned about filing so quickly because of charges I have made in the past month. I would not have made the charges had I known this summons was going to arrive, hence the rush to file now. I find out this morning that my bank account is overdrawn which has not happened in 5 years. I had planned to close the account today to avoid a check clearing the bank....well, it hit the bank this morning. My attorney even advised me to close the account before it hit the bank.

Is the trustee going to look at how recent the debt was incurred?

[soleprop]

my opinion: don't worry about the judgement - let it happen or try to negotiate/settle it. the judgement will run through the bk process just like the rest of your debts when you do file.

and yes, the trustee is definitely going to look at how recent your debts were incurred.

bk is not something you rush into - you have to prepare for it. read up - buy or borrow the NOLO ch 13 book. it will answer a lot of your questions and will also bring up many you've not thought of yet.

good luck.

[rrockinggramma]

chapter 13's work a little differently than a chapter 7 and recent charges are not as much of a concern because creditors can get paid. Although I believe that AMEX went after a poster here for recent charges but a settlement was negiotated (sp?)

With the judgment, it will be taken care of in the BK but WILL NOT disappear from your credit report or from the court.

You will have to wait until your BK is discharged and then motion the court to vacate the judgment.

If I were you, I would get this filed, get your case number, and show up on Nov 4 and tell the court that you are in BK and have this judgment dismissed to save yourself a headache down the road.

As to the recent charges, make sure you let your attorney know about them so he can deal with the creditor objections if they should happen.

gl

[holding on]

Do you have any property? A judgement against you before the BK filing could put a lien against your property and then turn the amount owed into secured, which you don't want. Then you'd have to have some exemptions to vacate the lien or fight it.