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if you are considering bankruptcy should you tell your creditors that is your plan or keep this from them?

Asked on May 04th, 2011 on Bankruptcy - South Carolina
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if you are considering bankruptcy should you tell your creditors that is your plan or keep this from them?
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1 ANSWER

Workers Compensation Attorney serving Greensboro, NC at Duncan Law, LLP
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Different attorneys may have different answers to this question. However, we encourage our clients to go ahead and tell their creditors when they call. I don''t think it is necessary for you to look up the number and call each of your creditors to notify them but if they are calling then it is usually a good idea to let them know you are filing and direct them to contact your attorney. We encourage our clients to do this because if the creditor knows you are filing bankruptcy then they will likely stop calling you (as long as you file within about a month or so from letting them know). Also, all of your creditors will be officially notified of your bankruptcy filing when they receive notice of your creditors'' meeting. I know part of the fear that some attorneys have is that a creditor may expedite the process of filing a lawsuit. The reality is, in most situations the bankruptcy will nullify the lawsuit so it would likely be a waste of the creditor''s time to file a lawsuit. So in short, yes - tell your creditors that you are filing bankruptcy so you can avoid the non-stop phone calls.
Answered on May 04th, 2011 at 10:52 AM

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