The credit card company is suing me for a large unpaid balance. If I declare bankruptcy, will that stop their lawsuit?
The credit card company is suing me for a large unpaid balance. If I declare bankruptcy, will that stop their lawsuit?
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Answer:
The answer is a qualified “yes”—declaring bankruptcy will at least pause (“stay” is the legal term) the credit card company’s lawsuit and may give you permanent relief from the debt.
Once bankruptcy is filed, it will automatically stay all civil proceedings against the debtor and halt all collections efforts. That’s why it will at least pause the lawsuit. After that happens, the credit card company and its attorneys can try to get the stay lifted, on the grounds that the bankruptcy proceeding will not provide it with adequate protection, but that attempt will usually be unsuccessful. If they cannot get the say lifted, their options are to either look to move their proceeding to bankruptcy court or to wait until after the bankruptcy has been resolved before continuing with litigation.
Credit card debt is one of the main kinds of debt that can be discharged in bankruptcy, so it’s very likely that you will get relief from the debt, though the exact type of relief depends on the type of bankruptcy you file, as well as on the circumstances of your situation.
So in summary: filing bankruptcy may not make the case go away for good; but it will give you a break or respite from the suit, and will almost certainly result in the debt being reduced (or eliminated) and discharged in some way during bankruptcy.
Talk to a Bankruptcy Lawyer if you are being sued and find out what options you have to defend the suit and get rid of the debt.
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Posted by Steven Sweig on 08 Apr 2010