Can somebody be forced into bankruptcy?

January 3rd, 2007 by Questions

Can a creditor force me into bankruptcy if I refuse to file? If I have very little non-exempt assets and very little income that can be garnished (“judgement proof”???) can I just sit back and let them do whatever they can? Can they publish my name to let others know that I\’am not paying my bills?


One Response to “Can somebody be forced into bankruptcy?”

, A licensed trustee said:

Can someone force you into bankruptcy? – Sure.

Would they do it? – Not likely.

Bankruptcy laws are designed to treat all of your unsecured creditors equally. If you are under bankruptcy protection then any one creditor may pursue you as vigorously as they see fit. It is not in any particular creditors best interest to have you protected so they aren’t likely to force an individual into bankruptcy.

If they have told you that they will then I suspect they haven’t really looked into it or talked to their lawyer about it. (in other words, they said it to scare you).

If people are making these kinds of comments to you then you should probably contact a trustee anyway – it sounds like you may be in some financial difficulty and you should start considering your options.

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