How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask WALLSTREETESQ Your Own Question
WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17222
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
16356563
Type Your Bankruptcy Law Question Here...
WALLSTREETESQ is online now
A new question is answered every 9 seconds

If I have all of my creditors names and balances owed, but

Resolved Question:

If I have all of my creditor's names and balances owed, but don't have their addresses or account numbers yet, can I file bankruptcy right away (to take advantage of the automatic stay provisions) and then report the addresses and account numbers a week later?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 5 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

No,

WALLSTREETESQ :

In order for you to file an emergency bankruptcy the creditors would have to receive proper notice,

WALLSTREETESQ :

so you would need their address, at the least, and your account numbers,

WALLSTREETESQ :

addresses for most creditors can be found online,

WALLSTREETESQ :

if you do not have your exact account number, that is fine,

WALLSTREETESQ :

but the creditors would need to be mailed a notice from the court that you filed bankruptcy in order for the automatic stay to work

Customer:

How about if I don't have any of the account number. Would that still be ok as long as I reported the balance and creditor?

WALLSTREETESQ :

Yes, but only for an emergency filing, as your name and social security number, the last four digits would appear to them,

WALLSTREETESQ :

and they would know what account it is for,

Customer:

Is there a special form I file for emergency filing?

WALLSTREETESQ :

No,

WALLSTREETESQ :

you would file a skeleton chapter 7 petition,

WALLSTREETESQ :

Required for the basic or emergency Chapter 7 filing:



  • The Petition (B1, 2 pages)

  • Notice to individual consumer debtors (B 201, 1 page)

  • Notice of Available Chapters - (local San Jose req't?)

  • Creditor matrix cover sheet - (local San Jose req't?)

  • Creditor matrix (for scanning/ocr or backup)

  • Creditor matrix on diskette (.txt file)

  • Statement of SSN

WALLSTREETESQ :

You would then file it in your local bankruptcy court with the fee,

WALLSTREETESQ :

Each BKCY Court is different, so you will need to call your county clerk for the exact forms,

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask

WALLSTREETESQ :

If satisfied with our service please press the accept button so we can receive credit

WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
You mentioned that an address is required even in an emergency bankruptcy. What do you do if the creditor cannot be found (for example if a family member or landlord won a judgment against you 5 years ago, but now cannot be located)?
Expert:  WALLSTREETESQ replied 5 years ago.
You should list their name, and last known address if possible.
WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
After I file an emergency Chapter 7, can I go in later and update an account balance, even if the updated balance is much more than what I originally reported?
Expert:  WALLSTREETESQ replied 5 years ago.
Yes, you are required under the law, to amend and include all the remaining schedules, within 14-30 days after you file, you can add creditors, and amend the ones you listed.
WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you

Related Bankruptcy Law Questions