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Marcus Parker
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I am inquiring about bankruptcy. I have heard so many different

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I am inquiring about bankruptcy. I have heard so many different sides, I don't know what to believe. My house payment and car payments are late but made every month. I have several credit accounts that are in default due to inability to pay them. I also had a corporate vehicle that I personally guaranteed get repossesed. They have served my company and myself with a civil summons wanting $18,743 or they will sue me. I am not sure how a judgement would work. If I had the money to pay them, the truck would still be in my possesion. Would the court force me to pay them and with what money would they expect me to pay them? If I file bankruptcy, will I lose my home and cars? I don't really understand the exemption part either. It seems that I could keep the house but lose most of the possesions inside. Is this the case? Does bankruptcy protection cover credit card debts? Sorry to be so long with this, but I am not sure where to turn.Thank you for your help. I live in NC.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Marcus Parker replied 6 years ago.

You say that you have been served with a summons, demanding payment "or they will sue" you. This is not quite correct. They have sued you, and if you fail to file an answer within the required period, they will obtain a default judgment against you. If they obtain a judgment they will be able to take your "non exempt" property and sell it until the judgment has been satisfied (paid).

 

The court will not "force you" to pay the judgment, it will allow the judgment creditor to execute (sieze your property). You have certain exemption rights. These exemptions normally (depending on what state you are in) include your "homestead" (your home, sometimes to a certain value), a certain portion of your salary, and other catergories of property. If the property they consider executing upon is exempt they cannot touch it.

 

Yes, bankruptcy protection extends to credit card debt. In a Chapter 7 bankruptcy, if your assets can all be included in exempt categories, you are "discharged" from your dischargeable debts (usually including credit cards). This means that the creditor cannot take measures to collect these debts (including suing you). In the mean time, when you file bankruptcy the creditors are stayed from attempting to collect these debts, while the bankruptcy is pending. Holders of secured debts are entitled to their collateral and can take that collateral if they obtain "relief from the automatic stay provision.

 

Another form of bankruptcy is "chapter 13", in which you agree to pay a portion of your unsecured debt over a period of time.

Marcus Parker, Attorney
Category: Bankruptcy Law
Satisfied Customers: 460
Experience: practicing attorney including bankruptcy
Marcus Parker and other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.
Under chapter 13, when you say a portion, is that something that is debated at the hearing?

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