Its not uncommon for lawsuits to be filed against debtors after retaining Doan Law Firm and prior to filing Bankruptcy, especially on accounts that have been delinquent for 6 months or longer. Yet as long the Bankruptcy is filed within two (2) to three (3) months of service of the lawsuit, adverse consequences such as a wage garnishments, bank levies, or real estate liens usually are not an issue. Moreover, the Bankruptcy eventually resolves the lawsuit(s). However, waiting too long can definitely be risky.
Once the Bankruptcy is filed, the lawsuit must either be stayed (put on hold) or dismissed. The Bankruptcy Automatic Stay prohibits any further continuation of the lawsuit and fully protects debtors, with certain exceptions (criminal matters, custody matters, and other matters that do not involve collecting on accounts personally against debtors). A creditor failing to stay or dismiss a lawsuit after a Bankruptcy is filed is unlawful and could result in monetary damages being paid to the debtor, including attorneys’ fees and costs.
Additionally, if you were served with a lawsuit after the filing of your Bankruptcy, PLEASE LET US KNOW IMMEDIATELY. Such unlawful activity could also entitle you to compensation, including attorneys’ fees and costs.
So if you were recently served with a lawsuit, you still have a reasonable amount of time to file your Bankruptcy Case before anything adverse can happen. Notwithstanding, it is always best to file your case sooner than later after service of any lawsuit. In doing so, be sure sure to complete your worksheets, gather all documents, complete your credit counseling course, and pay your bankruptcy balance in full within two (2) to three (3) months of service of the lawsuit.
Written by Michael G. Doan– Owner of the Oceanside Bankruptcy office, Michael is a highly skilled Southern California Bankruptcy Attorney Specialist approaching 30 years of experience. Throughout the years he has practiced in numerous fields of law including but not limited to: personal injury, landlord-tenant, workers compensation, insolvency, bankruptcy, consumer rights, debt negotiation, creditor collection abuse, estate planning, contracts, real estate, and tax. Currently, Michael is solely concentrating in Bankruptcy Law and is a Board Certified Specialist in Consumer Bankruptcy Law by the American Board of Certification.