Please help!!! Lawsuit from Chase w/ 30 day response by tomorrow.

[tools2teach]

My wife and I have a unusual situation on our hands. We filed for BK officially on Friday and the papers will by submitted on Monday, hopefully we will have a case number by then.

Here is the kicker. The lawsuit from Chase which we were served explains that we have 30 days to respond in which legal proceedings will proceed. We had a call from the creditors today (Sunday) stating the 30 days is tomorrow. With no BK case number and the need a respond by due tomorrow, we are not sure what to do. We are unprotected until we have a BK case number. I can't speak to my attorney until tomorrow. This was explained to our attorneys, but the somehow it got missed.

What is going to happen and what should we do? Do we respond by mailing a overnight response, but then it would have already been too late? Do we have a time to get the Case number and let my attorney stop this in its tracks by tomorrow?

[tigergem]

You're protected from the time of the filing. The fact that you don't have a case number in your possession is irrelevant. If the filing actually happened on Friday, that is when the case number was assigned. You could try to look it up on PACER and do a search in your district for your name and that should give you your case number if your bk was filed.

[tigergem]

Or - did I misunderstand? You gave the papers to your attorney on Friday to file for you on Monday? It'll still be ok. The stay goes into effect immediately upon filing. You just need to send a notice of the filing to the court to have the suit dismissed. Your attorney should probably call the creditor and let them know you filed.

[tools2teach]

Thank you very much for clarification. We can sleep a little better tonight. I give my attorney a call to get this taken care of first thing in the morning.

[catleg]

Do not panic, I had something like 6 or 7 inbound lawsuits when I filed. It was just like putting up a big missile shield. Stopped them dead in their tracks.

[NHC]

A tad off subject here....but does it seem like Chase is serving a lot of papers these days?? Wow....

[onthebrink]

Tools2teach, How many payments did you miss before Chase sued? We have a bunch of CCs with Chase and are behind a couple of months on each.

[tools2teach]

Let's see, we got served 30 days ago. The papers said it was filed in Dec 7 of 09. We stopped paying 9 months ago. What is ironic is we never answer our door bell and I was compelled in someway to answer it this one day and we got served.

[tools2teach]

onthebrink....you still have someways to go before they file a lawsuit. The collectors would call all day long including weekends and especially Saturdays before they realize you have no intentions to pay.