QUESTION

After chapter 7 is filed, how do I notify the attorney that I have filed?

Asked on Jun 28th, 2016 on Bankruptcy - California
More details to this question:
I have a court date in approximately 6 weeks for a warrant in debt for a credit card balance. It was filed by an attorney. I am carrying my petition to the bankruptcy court next week to file Chapter 7. I will be filing without an attorney. Should I show up on the court date and present the court with the proof of filing?
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6 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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As part of every bankruptcy, you list all your creditors. The court will send a notice to all your creditors. You will need to send the court a notice a notice of the bankruptcy case and file a motion to stay the collection case. Bankruptcy is a complex area and I recommend that everyone who is considering bankruptcy consult an attorney.
Answered on Jul 28th, 2016 at 5:19 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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Yes, and upon the filing of the Petition I would send the attorney a Certified Letter Return Receipt Requested advising of the filing with a copy of the Petition.
Answered on Jul 27th, 2016 at 5:05 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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This suggestion is a great way to waste the time of the civil judge and the attorney representing your creditor. You have no reason to be inconsiderate of other peoples time. Instead, shortly after you file your bankruptcy, you will get a form called 309A. File that form in the civil case together with a document called Suggestion of Bankruptcy. Make sure the civil judge and the attorney for the creditor receive a copy of this document and the 309A right away. The civil court may have a process for delivering documents to the judge via a drop off box, and you can get a copy of this document to the creditors attorney via mail, fax, or personal delivery.
Answered on Jul 27th, 2016 at 5:04 PM

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Just be sure to include the creditor's attorney in your list of creditors, and the bankruptcy court will take care of notifying them. Upon receipt of the bankruptcy notice, the attorney should inform the other court to take the hearing off their calendar. You should also put the other court as a notify party in your bankruptcy, and be sure to include the state court case number in the address so they will know who you are.
Answered on Jul 27th, 2016 at 12:43 PM

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Bankruptcy Attorney serving Las Vegas, NV
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Yes. Or you can file a suggestion of bankruptcy in that case and provide the information that way.
Answered on Jul 27th, 2016 at 12:43 PM

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Consumer Bankruptcy Attorney serving Los Angeles, CA at Orantes Law Firm
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You can do that or as soon as possible file and serve on your opponent a Notice of Stay, which should cause the warrant to be vacated or something along those lines for a few months while they determine whether your filing was successful and resulted in a discharge. The California courts have a form notice of stay to which you attach the notice of filing you can get from the bankruptcy court.
Answered on Jul 27th, 2016 at 12:42 PM

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