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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 12365
Experience:  JD, MBA
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I have a son who has just talked to a BK attorney in Idaho.

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I have a son who has just talked to a BK attorney in Idaho. the attorney has taken information and is doing a means test to determine whether a 13 or 7 is best. he says they make too much to file ?7

He also has a contempt of court hearing for a judgement on a past debt

and that hearing is next week.

Shouldnt he file prior to this hearing, or at least call the creditor and or courts to let them know he is in the process of filing BK??
Hello and thank you for allowing me the opportunity to assist you.

Unfortunately, a bankruptcy filing will not put a stop to a contempt of court hearing. A bankruptcy will put a stop to efforts to collect a debt, such as a lawsuit, enforcement of a judgment, etc. But contempt of court is not an effort to collect a debt. Contempt of court is what happens when a person ignores a court order.

Also, telling the creditor and court that he will file for bankruptcy in the future won't prevent the creditor from attempting to collect the debt. Only the filing itself will stop it. Accordingly, there isn't much point in telling the court and creditor that he plans to file for bankruptcy.

Does that answer your question? Let me know if you need clarification, and please remember to rate me positively so that I receive credit for my efforts.

Thank you and good luck!
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