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Can I file bankruptcy after receiving court summons?

1 Answers. Asked on Apr 25th, 2017 on Bankruptcy - New York
More details to this question:
My boyfriend and I are being sued for over $5,000 plus attorney fees and interest on a car that we "finnanced" I say that because the car dealership falsified documents and raised our finnanced amount triple the amount with out our knowledge or consent, now not only did our car get repossessed they want us to continue paying. My question is can we file bankruptcy now before we go to court, even though they are taking us to court? We haven't gone yet but did file our answers. I'm worried they could try to take what we own now.
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Answered on Apr 26th, 2017 at 11:20 AM

You can file bankruptcy.  In fact, filing upon being sued is a common time.  However, for $5000 on a claim, assuming this is all the debt you have, you would likely be able to settle the case for less than the legal fee to file.  You would each need to file as only spouses can bring a joint case.

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If you're struggling to pay off your delinquent debts and getting hounded by collection agencies, then it's time to address your financial problems. And filing for personal bankruptcy may be the ideal solution. Whether you're an individual or married couple considering Chapter 7 or Chapter 13 bankruptcy, or a business considering a Chapter 11 reorganization, or a farmer considering Chapter 12, you need the advice and guidance of an experienced bankruptcy attorney. Your lawyer can help determine which form of bankruptcy is right for you, prepare and file all of the paperwork, and advise you throughout the bankruptcy process.
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