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Can a credit card company sue you if you file bankruptcy?
Can a credit card company sue you if you file bankruptcy?
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Answers
One of the most well-known functions of bankruptcy is that a bankruptcy filing places an "automatic stay" on any legal or collection actions against you. If a credit card company has already sued you at the time when you file bankruptcy, then the automatic stay of bankruptcy puts an immediate hold on the credit card company’s lawsuit. The lawsuit doesn’t disappear – it just stops going forward in the court where you were sued.
Once that court and the attorneys involved are informed of the bankruptcy, the creditor might "remove" the claim to the bankruptcy court, and all claims after that can only go forward through the bankruptcy court, unless it "remands" the claim back to the original court.
The creditor can also attempt to get a bankruptcy court order providing “relief from the stay,” which can also allow the lawsuit to go forward in the original court. If you were not sued by the credit card company prior to the bankruptcy, but you list the company as a creditor, then it should be given a notice of your bankruptcy and the right to file a claim against you as an unsecured creditor in the bankruptcy court.
The credit card company cannot legally go out and file a separate lawsuit against you in a general civil court, once your bankruptcy has been filed – it must make its claims through the bankruptcy court.
Talk to a Bankruptcy Lawyer to find out more about the legal protection offered you by filing bankruptcy.
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Posted by Jason Tong on 15 Apr 2010
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