Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
How are you today? Response 1: Thank you for asking. I am a little under the weather. Thank you very much for requesting for my service once more. your answer really help me alot. i went to my lawyers office yesterday and i asked for my bankrupcty file number. i met my lawyer yesterday and signed petition. he said he would file tommorrow (10/2). i asked for the petition document and file # XXXXX i could call the court house and let them know. he keeps saying i dont have to call because once he files to the bankcupcty court, they would know automatically. as long as he files before my hearing, which is the 4th they would know automatically and case will be suspended. is my lawyer saying the truth? Response 2: Unfortunately, the lawyer is not being truthful. The Court does not automatically get notified of the case because the Court is not a party to your case. However, the creditor does and most often would not take any action in telling the Court about the bankruptcy filing. Also, the notice that goes out to all the creditors, usually do not go out until a week later. In any event, you NEED to inform the Court of your bankruptcy filing so that your case can be suspended and bench warrant released. Your Attorney MUST give you a copy of the Notice of the Bankruptcy Case Filing so that you can send the notice to the Court and the Attorney representing the creditor. TIME IS OF THE ESSENCE. The Attorney has already given you bad advice before when he told you not to show up for hearing because you are filing for bankruptcy case. What you should have done was to go to that hearing and tell the Court to continue the case because you are in the process of filing for bankruptcy protection.
Let me know if you need additional information.