Hello everyone, I am new here but have been soaking up all the great info on here for a while now. I am being sued and we have had our first court appearance where I asked for time which was granted to me and in a month and a half the judge said he would hear the case. I plan on filing ch. 7 but might take a while longer to come up with the funds for the attorney. I am wondering if there is anything I could do to delay the process now that it has started in the courts and not sure if it really matters since I really dont have much that can be taken other than some personal property and a couple cars which one is still owed on more than it is worth. The summons says TN law allows $10k in personal property exemptions as long as it is filed before the final judgement, would you just file the exemptions and let them have thier judgement? and would the court clerk have a legal document or do I just make a list and have it notarized? Thanks in advance for your help...
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Welcome Fishead! There are lot of great folks here and a wiser head than I will be able to respond.
BUT indeed if in TN you can file your exemptions BEFORE the judgment is issued, that is good. Although I know most here would say that you should not have too much $$ in a bank account.
Anything that has a loan on it for more than the value is, ironically, protected by that... -
Welcome to the forum. But you will need to provide a bit more information before anyone will be able to offer constructive advice.
Who is suing you and for how much? What is is your debt? You mentioned the two cars, how much do you owe? Do you have a mortgage? What is the size of your household?
Answers to some of those questions will give us a better idea of how to direct you. And, I am sure I have missed a few.
"To go bravely forward is to invite a miracle."
"Worry is the darkroom where negatives are formed."Comment
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It was originally Chase and now Equable Ascent Fin. LLC who has a local law firm representing them. The total of this debt is almost $8K. I have little to no income because of physical reasons yet get some work part time and m in school part time, but the wife has kept the payments on the 2005 pacifica which is about $7500 or 15 months owed and what kbb says is worth, my car is 1999 honda accord and kbb shows about $2000. We have 4 living here and nothing else in my name and no money in bank, about the only things I have worth anything other than the cars are a few guns and other toys (fishing stuff, Kayaks, etc) and tools. I am planning on reaffirming the pacifica and should be able to easily keep everything else within the $10k range. If it wasnt for the wifes car I wouldnt stress at all, but if we lost any of the cars it would crush us.Comment
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Not sure why this was moved to the general bk? I am not asking about bk, I am asking about the collections and length of the legal process of being sued before I file for a bk. I already have decided and know that I am eligable for ch.7. I do appreciate the help and if the mods think I will get better responce here then here we are because this is all new to me..Comment
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You are dealing with issues prior to filing BK. Since you are in the information gathering and planning phase, all of this is more suited to the 'General Bankruptcy Talk' board rather than the 'Collections' board."To go bravely forward is to invite a miracle."
"Worry is the darkroom where negatives are formed."Comment
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Ok Angelina sounds good. Guess my suck-o-meter is a bit high this week but I sure am glad I quit smoking last Jan. or I might be even more testy hehe or even worse and puffing my butt off.Comment
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