Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Were you served with the papers for the court proceeding for this judgment?
What is the debt for?
The debt is for a credit card I no longer have the money to pay off.
We now live in Seattle. There is no way we can go back to Yorkville, IL. Also, I didn't recieve the notice from my bank until today. The court date is for this Tuesday.
Banks will generally hold the funds in a frozen account for one month before releasing those funds to the creditor. If you file a Bankruptcy before then, the bank has to release the freeze, and not send the funds to the creditor. In other words, filing a Bankruptcy will stop the freeze.
Is there any way to stop the court proceeding on Tuesday? Is that important? What else will this company be able to freeze?
If the court proceeding is tomorrow, you will not be able to stop it, because you will not be able to file a Bankruptcy that soon. It generally takes about 2 weeks to prepare the Bankruptcy paperwork, but it is possible to file an "Emergency" petition which can take a few hours to prepare, but I think that will still be too late to stop tomorrow's court proceeding. However, the filing will stay (i.e., temporarily stop) any additional action in that case.