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lawsuit before bk file question

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    lawsuit before bk file question

    Hi
    due to a techniciality I have to wait 3 or 4 months to file.
    but a cc lawsuit pretrial conferance is in 1 month.
    what will happen in the pretrial conferance?
    what do I need to do in the PTC to delay untill I file bk.
    do i just lay it out and say I FILE BK IN 3 MO.
    or will that get a judgement and bank acct garnishment faster?

    I do have a lawyer but I do not want to hire her for the lawsuit.or bug her with excessive legal advice questions that she would usually charge for (not related to a bk)

    thanks

    #2
    Hi - first of all, best of good luck!

    Re "bothering" the atty - I don't think an email and/or phone call to lay out what's going on with the lawsuit would be "bothering" her - she may very well be able to give you very good advice! At the very least, she needs to be aware of it...

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      #3
      @oicu812 - If you haven't told your lawyer about the pending pre-trial conference yet, please do so immediately. Your bk lawyer can't represent you and your financial interests well if you deliberately withhold important information that impacts your filing like this.

      Telling the creditor you plan to "file soon" won't change their course of action. They've already decided to take you to court and acted on it.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

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        #4
        I was lucky I guess. Like the OP I didn't want to bother anybody, or get charged for anything "extra." At the 2nd meeting with my attorney, he asked if anybody was suing me. I replied yes, a couple of ccards with small balances were, but I didn't think it was important...he replied that he most certainly thought it was important! LOL

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