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Will filing Chapter 7 stop a summary judgment from a credit card lawsuit?

Los Angeles, CA |

Thanks in advance.

Attorney Answers 9


  1. The automatic stay will temporarily halt the lawsuit. If you receive a discharge of this debt, the creditor will be permanently barred from trying to collect on the amount owed. At that point, the creditor should dismiss the lawsuit.

    First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.


  2. Absolutely. A Chapter 7 filing creates an automatic stay preventing any creditor listed in the Schedules and their agents, attorneys, etc, from doing anything to collect the debt. I am available for a free consultation if you want to discuss the particulars of your case.


  3. Yes.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.


  4. Not only will it stop a summary judgment from being rendered, but it will also stop collection on that judgment if the case is filed after it's rendered.


  5. I agree with the other attorneys who say the BK will stop the MSJ and the suit, but want to add that sometimes creditors make fraud claims in addition to breach of contract claims. Fraud can be a reason for a lawsuit ("adversary proceeding" or "AP") in bankruptcy court, but that case would have to be timely brought in BK court, not in a state court or in the federal district court. Barring an AP, a BK will stop the MSJ and all collection efforts. You're welcome to contact me or any one of the fine Avvo lawyers who practice in the bankruptcy court for further assistance.


  6. Yes, the summary judgment will be stopped (or suspended) once the case if filed, and if you stand to receive a chapter 7 discharge of the debt, then the lawsuit (MSJ) may be dismissed once the underlying debt/liability is extinguished (via Discharge).

    Enlist qualified local bankruptcy law firm/lawyer to assist and you may save yourself headache/stress/money in the long-run.

    Best of luck!

    Michael Salanick, Esq.
    www.salanicklaw.com

    NOTE: we can be reached at www.salanicklaw.com (310) 590-4575. This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.


  7. Yes if you file the bankruptcy before the summary judgment is issued and file a CM-180 notice of stay in the state court action.


  8. It will suspend a pendng motion for summary judgment, and discharge your personal liability for a summary judgment in most cases.


  9. Yes. The automatic stay will kick in immediately after filing. If you get a discharge, you never have to pay the underlying debt. Best of luck and remember do not attempt BK on your own. There are many landmines. Get a BK lawyer. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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