Can I File Bankruptcy If I’m Being Sued?

Author: Joe Pioletti Posted on: . Filed in: Bankruptcy.

“Is it too late to file bankruptcy if I have been served with a lawsuit?” Our attorneys are asked this question far too often. Unfortunately, some people wait far too long before considering bankruptcy as a way to solve their debt problems. In some cases, they wait until they are being sued before they consult with a bankruptcy attorney. Being sued may not prevent you from filing bankruptcy; however, waiting to file bankruptcy is often not in your best interest.

Bankruptcy attorneys are here to help you as you search for a solution to your financial problems. While we encourage people to seek bankruptcy advice as soon as they realize they have debts they cannot afford to pay, it is never too late to seek help. Contact our office today to schedule a free bankruptcy consultation to discuss your debt solutions.

Filing Bankruptcy When You Are Being Sued

By waiting longer to consult with a bankruptcy attorney, you may lose some options to resolve your debt problem. Furthermore, additional problems may arise the longer you wait to seek help with your financial situation. It is always better to meet with a bankruptcy attorney as soon as you realize you cannot afford to pay your debts. By doing so, you may be able to avoid additional problems, minimize costs, and maximize the benefits of filing a bankruptcy case.

If you are being sued, you need to contact our office immediately. Provided you are eligible to file bankruptcy under one of the available chapters, you can stop the lawsuit and potentially discharge the debt. As long as the debt is dischargeable, you can eliminate the debt even after a judgment has been entered; however, it is better to file bankruptcy before being sued or before a judgment is entered.

Being Sued for a Non-dischargeable Debt

Regardless of whether you file bankruptcy while you are being sued or after a judgment has been entered, the bankruptcy filing does not change the fact that some debts are non-dischargeable. For example, if you are being sued for a student loan debt that is non-dischargeable, a bankruptcy filing will not eliminate your legal responsibility to repay this debt.

You may be able to file bankruptcy under Chapter 13 to resolve non-dischargeable debts; therefore, if you are being sued you can still benefit from discussing the lawsuit with one of our bankruptcy attorneys. Deciding whether to respond to a lawsuit depends on the circumstances and facts of your case. You only have a limited amount of time to file a response to the lawsuit or you will be held in default. Time is of the essence. Contact our office today if you are being sued to discuss your bankruptcy options.

Contact Our Office for a Consultation with an

Experienced Illinois Bankruptcy Lawyer

The bankruptcy attorneys of Pioletti & Pioletti help people who are struggling with financial problems. We assist clients throughout McLean, Woodford, Tazewell, and Peoria counties by providing compassionate, competent legal counsel.

Contact our office at 309-938-4838 to schedule your free bankruptcy consultation. When you need the assistance of an experienced bankruptcy attorney in central Illinois, call Pioletti & Pioletti.

Joe Pioletti

Joe Pioletti

Attorney Joe C. Pioletti was born and raised in Eureka, IL.Joe received his Bachelor of Arts Degree in Business Management from Eureka College where he also minored in Spanish.Joe then received his Juris Doctor from Southern Illinois University School of Law.While in law school Joe worked in the Domestic Violence Advocacy Clinic and was a three-time recipient of the Charter Class Campaign for Academic Excellence Scholarship.
Joe Pioletti