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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 18799
Experience:  B.A.; M.B.A.; J.D.
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I filed for chapter 7 pro se on feb 02, 2010. I received a

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I filed for chapter 7 pro se on feb 02, 2010. I received a certified letter today (March 04, 2010) which was a notice of a small claims filing for $4900, essentially it was "summons & order to appear". The date on the letter/notice was January 25, 2010. The small claims suit is from a creditor that is listed on my BK schedule. (I'm not sure why it took a month for me to receive the notice). My question is: Do i need to appear at this hearing, or simply send the court a copy of my BK filing. I realize that if I do not show I 'automatically lose', however the outcome, the creditor is listed in my BK. Just not sure what to do with the court hearing. Thank you. M.
I filed for chapter 7 pro se on feb 02, 2010. I received a certified letter today (March 04, 2010) which was a notice of a small claims filing for $4900, essentially it was "summons & order to appear". The date on the letter/notice was January 25, 2010. The small claims suit is from a creditor that is listed on my BK schedule. (I'm not sure why it took a month for me to receive the notice). My question is: Do i need to appear at this hearing, or simply send the court a copy of my BK filing. I realize that if I do not show I 'automatically lose', however the outcome, the creditor is listed in my BK. Just not sure what to do with the court hearing. Thank you. M

Response: You need to send the Court a Notice of your bankruptcy filing. Also contact the Plaintiff/creditor, if you can and send a Notice of your bankruptcy filing to the creditor so that creditor can file a motion to withdraw the case. You may have to go to the Courthouse in person and give the notice of your bankruptcy filing to the Clerk. Also, to be on a safe side, the day before the hearing call the courthouse to make sure that your case has been suspended. Otherwise, you need to show up for the hearing and tell the Court in open Court of your filing.
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