Civil Hearing / Sherman Acq / Chp 7

Discussion in 'Credit Talk' started by hopin, Apr 13, 2004.

  1. hopin

    hopin Member

    Sherman Acquisitions is suing me on behalf of a Sears cc. I have a "Civil Action Hearing" scheduled for the end of the month and have entered my "notice of intent to defend". I don't have a defense and will lose this case, so I don't even want to go. My husband and I have *finally* found an attorney that we like but he can't proceed with BK until he is paid in full. He told us that after a judgement is made against us that we have 30 days to appeal and hoped that, by then, he would have been fully retained and we would have filed for Chapter 7 BK. The problem is that I am 9 months pregnant and have a huge deductible that we will have to pay when I deliver... we won't have enough cash to get our attorney paid by the end of May.
    So my question...
    What will happen if we don't file for BK in time to appeal? What can happen to us? Can Sherman Acquisitions take away my refrigerator? I really wanted to have our bankruptcy under way in time, but I can't see how we can come up with $1200 for the lawyer on top of this impending delivery.

    Please help!


    hopin
     
  2. dixidriftr

    dixidriftr Well-Known Member

    My advice in this situation is to do absolutley nothing.

    Go ahead and let sherman get their judgment.

    Wait till after baby is born and all the associated medical bills have been accrued then include them in your BK.
     
  3. pd11604

    pd11604 Well-Known Member

    good advice from Dixie. . .

    also, by that time your judgment will also be included in the BK and you will be able to petition the BK court to release any liens related to the judgment

    (I don't think you have to worry about your refrigerator being taken)
     

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