I failed to show up in court and now an attorney is saying Chapter 13 bankruptcy is the only way to go. I don't want a lien put on my rent property. I heard they can even auction it for the debt. Is it too late to make them prove it's my debt to delay this for 30 days? I have 1 week left to answer the post judgement interrogatories.
I have a post judgement for a credit card debt in texas. Should I bankrupt,I have rental property?
Why not just pay the debt or make arrangemets for payments to the legal firm handling the court case?
The time for monkeying around with "prove it's mine" are long gone if there is a post judgment. You pretty much gave up the right for any proof when you failed to show up for the court hearing.
Reply:Chapter 13 bankruptcy is basically a repayment plan that you submit to the bankruptcy court that says you intend to pay off your debts, over a 3 - 5 year period, for as little as 10 cents on the dollar. It is intended to give a debtor time to catch up past due payments while keeping secured property like houses and cars.
Chapter 7, while much easier, requires that certain non exempt property be sold to settle your debts.
However, there are time limitations on bankruptcy and things you must do first.
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
With limited exceptions, people who plan to file for bankruptcy protection must get credit counseling from a government-approved organization within 180 days before they file. They also must complete a debtor education course to have their debts discharged.
You didn't explain more about the debt owed and the dates of the debt, without that info it's hard to say what to answer at the post judgment hearing.
Reply:Your attorney is right. Once the judgment is awarded it is pretty much a done deal.
You could try to have the judgment set aside claiming that the summons was not properly served. See the link below pertaining to Texas laws concerning process serving,
http://www.serve-now.com/resources/proce...
Genealogy
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