Quitman, TX Bankruptcy Law Firms & Lawyers

If you are sued in a civil court for a debt you need to file an answer or else a default judgment will occur. You are not arrested or jailed for failure to file an answer or appear in lieu of an answer. Once there is a judgment, however, the judge may order you to appear for an examination of your assets. That type of court order can result in a warrant for your arrest in you fail to appear. Consult a local attorney for advice in this matter. This is applicable to California law. Illinois law may differ.

Why is your car being repossessed while you are under chapter 13 protection? The debt should be covered by the plan. If the car is repossessed any deficiency would be paid by an amended claim being files as an unsecured debt. Consult with an attorney as to the specific facts of your case.

A chargeoff is merely a bookkeeping entry.  It has nothing to do with whether or not you still owe a debt, or whether the creditor can take collections actions on it. Student loans are generally not dischargeable in bankruptcy.   You can seek an "undue hardship" discharge of the student loans by filing a complaint in your bankruptcy case, but the criteria you need to prove for this is very difficult. There are also non-bankruptcy alternatives, such as doing income-based repayment plans, but you have to get your loans out of default first in order to take advantage of such programs. I suggest having a consultation with a bankruptcy attorney in your area who is experienced with student loan litigation, to evaluate your options more fully. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.