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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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can i file chapter 7 after a credit card company petitions

Resolved Question:

can i file chapter 7 after a credit card company petitions to sue me, and include them in the bankruptcy?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.
Hi JACustomer,
Yes - you can file a Bankruptcy after a credit card company files a petition to sue you in court. As soon as you file a Bankruptcy, the court proceeding gets suspended, and then it gets dismissed once your Bankrutpcy case if finished (in 6 months).
cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
I worded it incorrectly. If a judgment has been orchestrated against the plaintiff, can the plaintiff still file chapter 7 against that judgment?
Expert:  cfortunato replied 5 years ago.
Thank you for accepting my answer!
Yes - if there already is a judgment, the judgment can be discharged by filing a Bankruptcy.
Customer: replied 5 years ago.
If my student loan for $40,000 is over 10 years old and nothing has been paid on it, can I include that in Chapter 7?
Expert:  cfortunato replied 5 years ago.
Student loan debt cannot be discharged in a Bankruptcy, unless the debtor has a permanent disability that is preventing him from working. Bankruptcy Stat. 523(a)(8).
Customer: replied 5 years ago.
I heard there is an Illinois Statute that says a student loan over 10 years old that has not been paid is in a different catagory, that has been referred to me by a bankruptcy law firm...is this true?
Expert:  cfortunato replied 5 years ago.
I have not heard of that.
Customer: replied 5 years ago.
Thank you.

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