Monday, 2 February 2015

Some is planning on filing for chap 7 bankruptcy and has a court case for an outstanding credit card debit in 1 day. Do they need to attend ...

Question

Some is planning on filing for chap 7 bankruptcy and has a court case for an outstanding credit card debit in 1 day. Do they need to attend the hearing knowing they will be filing for bankruptcy soon.



Answer

If one fails to appear for an Answer docket, they are subject to a Default Judgment. Planning to file Bankruptcy isn't the same as filling for bankruptcy. If something happens, and they don't get bankruptcy protection, the state Court would not be set aside a default judgment, where one refuses to appear or file a timely Answer. Prudent action would be to avoid the default judgment. It could make an unsecured creditor secured.

Good luck



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