Can I include my loans when I file for chapter 7?

I just got served a court summons yesterday. I am being sued for unpaid loans from a credit union. Is it too late to file for chapter 7 and include those loans?

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Answered By: Lorene Lynn Mies, APLC

Absolutely, that is why you are filing a Chapter 7 is to get rid of your debts. Even if the debt has already gone to judgment it is still dischargeable in bankruptcy unless the loan was obtained by fraud. Since you have been served you need to get started with your bankruptcy. Call me!

Answer Applies to: California
Replied: 8/27/2010

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.

Answered By: Fasel, Fasel, & Nefulda, LLP

Under Chapter 7, most credit card, medical and legal debts are discharged, as well as most court judgments and loans. However, some debts are not discharged. The most common loans that are not dischargeable are loans owed to a retirement plan and student loans.

To discuss further, please contact us for a free consultation.

Answer Applies to: California
Replied: 8/19/2010

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.

Answered By: Diefer Law Group, P.C.

You can include loans in a Chapter 7 case.

Answer Applies to: California
Replied: 8/18/2010

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.

Answered By: Halpern Law Offices

The answer depends on what type of loans they are. Please call me for a free consultation.

Answer Applies to: California
Replied: 8/18/2010

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.

Answered By: Law Offices of Michael J. Berger

All loans should be included in your bankruptcy schedules when you file any bankruptcy, including, but not limited to, any Chapter 7. It is NOT too late to file for Chapter 7 if you were served with a Court Summons yesterday. Even if there is a judgment entered against you, you can still file a Chapter 7 bankruptcy. To see if bankruptcy is right for you, please call me for a free consultation.

Answer Applies to: California
Replied: 8/18/2010

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.