QUESTION
What should I do if I am about to file bankruptcy but a creditor has served me papers last week?
Asked on Aug 01st, 2013 on Bankruptcy - New Jersey
More details to this question:
I am currently filing bankruptcy, but I am doing it myself with the help of online processor. I have a creditor who knew I am filing but they served me with papers to file against me last week. I have 20 days to respond I was hoping I would have a case# by then, what should I do how should I respond?
7 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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If you don't have the bankruptcy filed by the court date, you will have to go to court and request a continuance.
Answered on Aug 19th, 2013 at 7:10 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Kick your attorney in the butt to get the case filed?
Answered on Aug 01st, 2013 at 7:24 PM
General Practice Attorney serving Coeur d'Alene, ID
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Michael B. McFarland, PA
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Get an attorney.
Answered on Aug 01st, 2013 at 6:36 PM
Trusts & Estates Attorney serving Camarillo, CA
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Law Offices of Larry Webb
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File the bankruptcy before the creditor gets a judgment.
Answered on Aug 01st, 2013 at 6:36 PM
Richard hirsh
If you file before the 20 day response, just give the attorneys notice and they are bound by the automatic stay immediately when the case is filed. You might wish to notify them yourself since the court takes about a week to send out notice.
Answered on Aug 01st, 2013 at 6:36 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
2 Awards
If you are filing, then file, and then give them the case #. The automatic stay will still protect you. Make sure when you file, that they are a named creditor and then email them, fax them and first class mail them a copy of the notice of filing.
Answered on Aug 01st, 2013 at 6:34 PM
Litigation Attorney serving Stockton, CA
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Patrick Jay Edaburn
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If you anticipate being filed before the 20 day deadline and if it would cost you money to file a response then you probably don't need to file one since the bankruptcy should take care of the debt (presuming you properly list both the debt and the lawsuit in your paperwork). However if you want to be sure about things you could file a generic denial to make sure they don't get the chance to attach anything before your bk is filed.
Answered on Aug 01st, 2013 at 6:34 PM