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I’m Being Sued by a Creditor And Was Told Only Chapter 13 Bankruptcy Might Be Right For Me. – Tim

“Dear Lewis,

i am being sued by collection/ law firm(s)

have received a citation of suit from a lawyer representing citibank. i have done online search for low cost attorney and spoke with one on the phone for court representation, he then pointed me towards a bankruptcy lawyer because he knew the suing firm well, i have done a consult with the bankruptcy attorney who seems to believe ch 13 is option but i truly feel that after actually looking at bills and knowing how many more companies want payment i qualify for ch 7.. my actual question i guess would be i know i cannot afford an attorney plus the almost 100% possibility of a worse case scenario for payments on ch 13 should i show to court on my own behalf and is it safe to do so financially speaking… really they cant get much of nothing right? i’m already paycheck to paycheck with 0 savings


Dear Tim,

Without knowing where you live, your household size, and household income, it is almost impossible to know whether someone qualifies for chapter 7. Also, if you have unexempt assets, that is another reason to choose chapter 13.

Why did the attorney specifically mention chapter 13? Did they say you failed the means test? Made too much money?

As to showing in state court for yourself on the lawsuit, yes you should. Otherwise the creditor would get a default judgment. But just because you are paycheck to paycheck does not mean you cannot be garnished.

Again, it leads back to my original questions: where you live, household size, income earners in the family (head of household?), etc, all help determine whether you may be garnished.

But knowing why the bankruptcy attorney suggested chapter 13 instead of chapter 7 might help us understand your situation better.

Post your answers in the comments section below.

My name is Lewis Roberts and I’m an attorney licensed in Florida and Georgia. My practice focus is consumer bankruptcy, real estate issues/closings, and mortgages. I also have Florida real estate broker and mortgage broker licenses. I am a proud member of the National Association of Consumer Bankruptcy Attorneys (NACBA), National Association of Consumer Attorneys (NACA), and a graduate of Max Gardner’s Bankruptcy Boot Camp. I enjoy helping people with decisions that impact their financial well-being.

Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.

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Lewis Roberts

Florida Consumer Protection Attorney

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