QUESTION

Will an attorney notify creditors in my bankruptcy? How?

Asked on May 15th, 2015 on Bankruptcy - Illinois
More details to this question:
If I file for bankruptcy will I have to notify my creditors myself or will a bankruptcy lawyer do it for me? If I file for bankruptcy, I want my wage garnishments to be stopped as soon as possible. If a lawyer will help, then that is probably my best option at this point.
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9 ANSWERS

Upon filing of your BK, all of your creditors will be notified by the Bankruptcy Court Clerk. This will also stop any garnishment in progress. "Filing your case" are the operative words here.
Answered on May 19th, 2015 at 2:41 AM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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The National Noticing center does. Not all attorneys have a policy of noticing themselves stop a garnishment earlier. Especially the discount attorneys.
Answered on May 18th, 2015 at 6:45 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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The court has a noticing system in place to send out information to creditors, but it does not happen overnight. When there is a wage garnishment that needs to be stopped, most bankruptcy attorneys have a system in place to provide for expedited notice that will allow the garnishment to stop immediately. There are many other advantages to having a bankruptcy attorney representing you as bankruptcy is a lot more than filling out some simple forms and doing 5th grade math.
Answered on May 18th, 2015 at 5:05 AM

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Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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When your case is filed, it includes a list of your creditors, their addresses, and amounts owed. Each creditor listed will receive a Notice of the Bankruptcy, this is typically mailed out by the court. However, in a case of a garnishment, I will typically not only list the creditor and their counsel but I will also fax a copy of the Notice to the Creditor and Counsel as soon as I file the case. The mailing done by the court takes about a week. By faxing I can provide almost instant notice alerting the creditor that they must now take steps to withdraw the garnishment order. Notifying the sheriff's office or the employer typically has not yielded results for me since both of these third parties are waiting for the paperwork that needs to come from the creditor or their attorneys. Unfortunately, also some of the sheriff's office are slow in processing the withdrawal and since there are multiple parties in the process this may take a few days, unfortunately sometimes weeks. Of course you supposed to and typically do receive a refund of any money taken once the case is filed.
Answered on May 18th, 2015 at 4:18 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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The court will notify your creditors (for some strange reason, it's felt that having the bankrupt or the bankrupt's attorney notify creditors might be abused - like sending the notice without filing the bankruptcy). The garnishment should stop immediately upon filing. Your lawyer will notify your employer (or Paycheck whoever pays you), the creditor and the court handling the garnishment. Sometimes, it takes a while for word to get to the proper department and your lawyer will handle getting any post filing garnishments paid back to you.
Answered on May 15th, 2015 at 4:24 PM

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Retaining a lawyer to advise and represent you in a bankruptcy is almost always worth the investment. It is not the lawyer, but the Clerk of the Bankruptcy Court, who gives a standard formal notice to all creditors. Have your lawyer notify the creditor doing the garnishment and your payroll office, and also the Clerk of the Court in which the garnishment is filed as soon as your bankruptcy petition is filed with the (federal) bankruptcy court. Good Luck.
Answered on May 15th, 2015 at 4:21 PM

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Real Estate Attorney serving Florence, KY at Linda S. Novakov & Associates, PLLC
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The Bankruptcy attorney and/or the Clerk's office mails notification to the Creditors.
Answered on May 15th, 2015 at 3:52 PM

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You need to list all creditors with addresses. Once the case is filed, the court itself gives official notice to creditors who then must stop all collection activity.
Answered on May 15th, 2015 at 3:52 PM

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Debt Settlement Attorney serving Chicago, IL at Law Offices of Daniel J. Winter
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Yes the lawyer should help notify the creditors, especially ones who are garnishing wages; the rest will be notified by the court. Yes you should use an attorney to prevent problems.
Answered on May 15th, 2015 at 3:51 PM

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