Yes, bankruptcy automatically "stays" court litigation over debt collection not related to domestic support.

Answer Applies to: Indiana
Replied: 9/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You would have to have an attorney go through your financials to figure out if a Chapter 13 is best for you or if another Chapter would suit your needs better. However, a bankruptcy will stop a summons.

Answer Applies to: California
Replied: 9/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You can file a chapter 7 (if you qualify) or a chapter 13 bankruptcy to stay the lawsuit and the summons.

Answer Applies to: Georgia
Replied: 9/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Filing chapter 13 will stop a pending lawsuit. You will keep your property, including property that is co-owned.

Answer Applies to: California
Replied: 9/24/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Yes, chapter 13 can be filed to stop the further litigation in the State court . I would recommend seeking advise of an counsel with respect to fact, how chapter 13 bankruptcy will affect your son's credit. It will depend upon various factor.

Answer Applies to: California
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You should file chapter 7 unless you either don't qualify or there is some strategical reason to file 13 over a 7. Your co signer should not be affected as long as you keep the car payments current.

Answer Applies to: California
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You can file a chapter 7 or a chapter 13 bankruptcy to help you resolve the issue with the summons. You will need to list your car as an asset; however, you are a co-owner so you only own 50% of it (and you will need to list it this way). If the car is paid off, you may have some issue with equity if you file a bankruptcy. I highly suggest you consult with an attorney. Most bankruptcy attorneys will offer a free consultation.

Answer Applies to: Florida
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You don't necessarily need to file bankruptcy and Chapter 13 would not be your first option.

Answer Applies to: New Jersey
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You can file a chapter 7 bankruptcy or a chapter 13 bankruptcy to invoke the automatic stay in bankruptcy to stop a lawsuit. A co-debtor may be negatively affected by your bankruptcy, but usually not.

Answer Applies to: Colorado
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Filing bankruptcy, either Chapter 7 or Chapter 13, will stop the suit against you. It is possible, depending on your unique financial situation, that the court could force the sale of the car. You should consult with a bankruptcy attorney who can assess your situation and advise you what to do.

Answer Applies to: Massachusetts
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You can file for Chapter 13 bankruptcy, assuming that you have sufficient income available on a monthly basis to set up a relatively long-term repayment plan (at least 3 years and maybe as much as 5 years, depending on your income).That would stop all collection activity for the unsecured debt (including the one for which you have a summons).However, that creditor, as well as all other unsecured creditors of yours, would receive partial payments over the duration of the Chapter 13 plan (from money that you pay in every month to the Chapter 13 trustee), and after the plan payments are completed, you would not have to pay any more money for those unsecured debts, even if you had not paid them off in full.Be careful, however, because a Chapter 13 requires you to stick to a relatively strict budget for at least 3 years, and requires you to contribute all of your "disposable" income (that is, money left over after you have covered your reasonable and necessary living expenses, including payments to secured creditors, such as for a car payment) to the plan payments. Your son should not be affected by a Chapter 13 bankruptcy if he is only a co-owner; however, if he is a co-debtor also, meaning that he is obligated on the loan with you in addition to sharing ownership of the car, a Chapter 13 bankruptcy may have an impact on his credit rating. Hope this helps.

Answer Applies to: Virginia
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You have to qualify for a Chapter 13. Talk to a bankruptcy Attorney to see if you qualify.

Answer Applies to: California
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Filing chapter 13 will stay the summons proceeding. Make sure that the debt is of the kind that is subject to the automatic stay.

Answer Applies to: Illinois
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Chapter 13 will stop the state court action. There should be no problem on the car as long as the payments are made.

Answer Applies to: California
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Yes, filing Chapter 13 will stop a collection case. A chapter 13 will also put a stay in place for 3-5 years, which will prevent the collection agency from trying to collect from your son. However, once you complete your plan, the creditor can then pursue collection against your son.

Answer Applies to: Colorado
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Filing bankruptcy will effectively stop all collection activity for a temporary time, but eventually it will begin again when you declare your intentions with your auto. If your son is also a co-signor on the car then yes he will be effected. Your liability may be discharged if you choose to surrender the vehicle but his will remain and he will then have full liability for the debt.

Answer Applies to: Utah
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Yes, a Chapter 13 filing will put a stop to a summons. As long as you pay the debt on the car, the impact on your son will be minimal. If you discharge the debt on the vehicle, the creditor will seek payment from your son.

Answer Applies to: Colorado
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

I would try filing Chapter 7 first.

Answer Applies to: California
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.