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BANKRUPTCY: I'm a defendant in an upcoming small claims suit. I was already considering filing bankruptcy. What should I do?

Marietta, GA |

There has been no trial date set yet as I just recently answered the claim and denied the plaintiffs allegations. If I file before hand and list plaintiff as a creditor can I be protected from any judgments in small claims court? If this interests you please leave your information so I can call you for a consultation. Thank you

Attorney Answers 4


  1. You can file before a judgment (and for many reasons it tends to be smarter to file before a judgment). The bankruptcy, assuming you are eligible, will likely eliminate the claim (and end the case). I can tell you that for sure if I look at it.

    My office handles bankruptcies in your area. We're located less than 30 minutes from your area and ten minutes from the court. Feel free to call me at 404-768-3509 for a consultation to review your options (you may want to complete our worksheet at www.glenashman.com before coming in, so we can review all your numbers).

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  2. You would benefit from conferring with an experienced bankruptcy attorney, to review your financial situation, because if you qualify, a chapter can likely discharge the debt.

    If you file chapter before your trial, you benefit as described by my colleague, because the trial is unnecessary and a potential adverse judgment can be prevented, along with hard feelings and possible complications that this usually causes with the creditor.

    General legal advice is offered for educational purposes only. A consultation with a qualified attorney is required to determine specific legal advice as to your situation and applicable law. We are a debt relief agency and we help people file for relief under the bankruptcy laws.


  3. If you qualify to file bankruptcy, your small claims case will go away. Mr. Ashman gave you good advice; he would be a good, knowledgeable attorney to go see.

    If you found my answer useful, please check it as "helpful" here on Avvo. Answers to questions on Avvo are for general informational purposes only. Proper preparation of a bankruptcy case involves many factors and variables, and may lead to a different answer than that given here when all the facts are taken into consideration. The fact that a general question was answered on Avvo does not establish an attorney-client relationship; that only happens when both you and our firm sign a formal contract and a retainer is paid and collected.


  4. You may have valid defenses to the small claims suit . I will be glad to meet with you to discuss the lawsuit and review your overall situation to determine if bankruptcy is a good option for you. Factors to consider include the amount of the other debt; your current income and expenses; and the amount of your assets.

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