Filing Ch 7 2nd mortgage suing me

[ohio]

Hello,

I came across this site a couple months ago and have now found an attorney and am filing Chapter 7. I am including my house in the bankruptcy as I also have been laid off and am unable to afford it now.

My question is that I believe I am only a couple weeks or less away from getting this filed. Lawyer has been paid and has all my info.
Today, I received a Summons from my 2nd mortgage company (CitiFinancial) and am freaking out here.

I am just scared about what can happen now. I am giving my lawyer the papers for the summons tomorrow, but he is unable to see me when I do.
So, I just want to know what the process is now.

I have nothing, I mean nothing of any value whatsoever except two tv's and my laptop. All of which are several years old and not worth even $1000. My car is the only thing I am keeping and I owe more on it than it's worth. Still owe $3000. Prob worth $500.

So, what can they do to me? I have no job, I have $10 in my account right now and 2 more weeks of severance pay left and not sure I am getting unemployment yet.


If they have filed this with the court how will this affect my bankruptcy?

Guess I am just scared because I don't know what the process is for this. I just spoke with my second mortgage company this past Tuesday and they told me as long as my date has been filed for the Chapter 7 by the end of this month, that I will probably beat any legal action from them.
Yet, today, two days later, here I have a Summons delivered certified mail to me. I don't understand.

Can someone please help me with the possibilities here? My credit card companies may also be very close behind and in the process of suing me too.

[2manybills]

If you are planning to file within 30 days, you don't have to worry. In most civil actions (at least in California) you have 30 days to respond to the complaint. Also, it would take at least another 30 to 45 days after that to obtain a judgment and execute on that judgment.

If you are planning to file before the end of this month, you are fine. Your BK will stay the execution of any judgment.

[keepmine]

Nothing will happen. You have nothing anyone can take. Once you file bk, the automatic stay kicks in and all collection activity is halted. That includes lawsuits.

Your big problem is, no job. I'd suggest you hold off on filing until your finances are stable. SO they get a judgment. No big deal. It can be discharged in bk.

[ohio]

Thank you 2manybills and keepmine. That makes me feel a little better. I hired my attorney Friday June 5th and Monday June 8th, they let me go at my job. Here in Ohio jobs are not easy to come by at all. Lots of factories letting hundreds go and I worked in a factory. People aren't even able to get jobs at fast food places right now. My chiropractor's office was hiring and he said he had over 1000 applications for this one position. He said they didn't even look at 100 of them.

KeepMine, can you tell me what you mean by suggesting I hold off until my finances are stable? I certainly can't afford to wait to file until I possibly get another job. I am also moving to another state as soon as I get my 341 over with. Moving and getting married and probably won't be working again. That's our plan, anyway.

I have Multiple Chemical Sensitivities and most places aren't able to provide me a chemical free work place. No air fresheners, perfumes, chemicals of any kind. No new carpet, paint etc. I had problems with my health at my last job, but for the most part I was able to stay away from the chemicals, so it worked for me. Now being laid off, well, I don't even have a clue if jobs were readily available where I would be able to work. There are so many everyday places I can't even go shop because of the chemicals everywhere.

We are hoping I will be able to get disability because unless I can find something legit to do from home, I am really out of luck.

[Bandit]

Hello,


Can someone please help me with the possibilities here? My credit card companies may also be very close behind and in the process of suing me too.

I don't know all the possibilites but despite the advice here for you to run out and get a job before filing, that may not be in your best interest.

See what your attorney says if you will be better off filing with or without a job. My mothers attorney did in fact tell her to quit her job before filing and for very valid reasons. She came out much better in the long run for filing without a job. She went to work again after the BK.

Yet, today, two days later, here I have a Summons delivered certified mail to me. I don't understand.

You don't have to tell any more creditors your plan of action.

People aren't even able to get jobs at fast food places right now.

My chiropractor's office was hiring and he said he had over 1000 applications for this one position. He said they didn't even look at 100 of them.

Those who are not out of work right now, somehow those facts just go right over their heads.