I am assisting my father with gathering all the info he needs to file a Chapter 7 Bankruptcy. He was served with a summons for a credit card debt he owes of over $10,000 so it's a civil case. My question is related to default judgments and time frames for filing a Chap 7. How many days after the 30 days to respond to a summons does a default judgment usually happen? Could it happen on the 31st day if there is no answer to summons? We'd like to have as much time as possible to gather the info he needs to complete his Chapter 7 filing. We’re trying to figure out when would be the first date a "judgment lien" could happen so he can file his Chap 7 before that to create an automatic stay. Does he have an additional 30 days after a default judgment to file Chap 7 and not get a lien against him?
Lawsuit / Dispute Attorney
Nothing happens overnight. Typically, if you do not answer the complaint within 30 days, the first step will be for the plaintiff to have a default entered, but not yet an actual judgment. The actual judgment could take weeks or longer to enter. Once the judgment is entered, a lien would not be created until the plaintiff had an Abstract of Judgment issued and recorded which generally takes several days, at least, after the judgment is entered. Even if one is entered/recorded prior to the bankruptcy, you may be able to have the lien removed after the filing of the bankruptcy, but you would want to consult with a bankruptcy specialist prior to relying on that occurring. Good luck and all the best.
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