Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Upon filing the Bankruptcy, there is an automatic stay for all court proceedings and all collection a
Sorry! My answer was cut off. Here is the whole answer:
Upon filing the Bankruptcy, there is an automatic stay for all court proceedings and all collection efforts.
Additionally, she should stop paying all unsecured creditors right away. The Bankruptcy court will send notices to the court and also to the creditors and their attorneys.
Were these debts included on Schedule F (Unsecured Creditors)?
This is the procedure:1) Fill out an Amended Statement of Financial Affairs (SFA), which is a form exactly the same as a regular SFA, but she would write "AMENDED" across the top of the form.2) Send a copy to 1) the Bankruptcy trust 2) the United States trustee and 3) file a copy with the Bankrupcty court clerk.
Each Bankruptcy case is assigned a Bankruptcy Trustee. His or her name and address will be listed on the "Notice of Chapter 7 Bankruptcy Filing" that she should have received when the Bankruptcy was filed with the clerk - either at the same time, or the next day.
Each case also has a United States Trustee, the name and address of which is also on the Notice. If you have trouble finding either, you can call the court clerk for the information.
She has to send the copies to each Trustee - the court will not do it.
(By the way, there are 2 Trustees for every case, and each case has the same US Trustee, but each case has a different Bankruptcy Trustee.)
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).