I'm being sued by Bank of America/Gamache & Myers - what do I do?!

[cspa522]

Thanks! According to my attorney I have to appear in court, they will not grant a continuance by mail or by phone. I guess that's just in my state or my district? She also advised me NOT to mention the bankruptcy, but to tell them that I'd like more time to consult with my attorney and be familiar with my rights.

[BubbaGump]

If you get sued before you file for Chapter 13, answer the suit, go through the exercises of requesting admissions (if applicable) and sending interrogatories to the plaintiff. It drags out the process for quite some time, at least a couple weeks to file an answer, 30-45 days for discovery, who knows how long to get an actual trial date... just drag it out for them, rack up their fees, then file Chapter 13 when you've gotten everything in order, contributed to charity for six months, etc.

If they haven't actually filed the lawsuit, file your Chapter 13 and if they do file a suit request the trial court hold them in contempt for harassing a debtor who's already filed for bankruptcy. Scare tactics (especially ones that work) go two ways.