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jbrlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 269
Experience:  Creditors' rights lawyer involving collections, foreclosures and bankruptcies for almost 19 years.
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I need to know what my husband can do to keep from being ...

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I need to know what my husband can do to keep from being sued for a $90,000 debt he incurred in Illinois. They have repo''d three items but have not given him a pay off yet. He can''t file bk for 3 years. What does he have to do to be under the law and not get sued? Get caught up? He is about 10,000 behind. What is the minimum amount they have to accept etc... The creditor is a credit union and they are very unfriendly. When he was married previously and going through divorce they filed bankruptcy , some of the things he owes, I beleive, should have been in the bk but were not. He got behind during his mothers passing due to lots of travel and depression and has had a hard time getting caught up since. We want to keep from getting a judgement/garnishment but do not trust the loan officer to tell us the truth. We want to pay the minimum to get his debt under control and pay over time with the option of bk in the future if needed. Thank you so very much! Linda
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  jbrlaw replied 8 years ago.
Unfortunately, you cannot prevent another party from filing suit against your husband. If he cannot file a bankruptcy for 3 more years, I assume that he filed aonther one not too long ago. So, I would suggest contacting your bankruptcy lawyer to see if you can file a petition to re-open the prior bankruptcy to include more debt. Also, you may be able to convert the prior bankruptcy to another Chapter (i.e., Ch 7 to 13 or Ch 13 to 7). It is worth a try. I am not sure there is anything else you can do.

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