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Yes. You can file BK even if you have been served. Although before taking action you might wish to determine if you have any non-exempt assets. In many cases a debtor is "judgment proof", meaning they have no assets that can be taken by creditors. The more precise definition is execution proof, a judgment can be granted by the court, but it cannot be collected upon.

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Q: In NV if a lawfirm was unable to deliver a supena to a person do they still have time to retain a bankruptcy attorney and get protection to file?
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