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Questions: hello! how are you today? well. i asked my lawyer to e mail me a copy of bankrupcty filing. he keeps saying I DONT HAVE TO CALL. i told him exactly what you have advised me. i went to lawyers office on monday, asked him file # XXXXX he e mailed me just right now. (10/3) i have court date tommrw (10/4). i dont think my lawyer is doing right . now that i have my bankrupcty document, should i call court early in the morning 8am and let them know my petition has been filed?
Response 1: Yes, you should. On the papers that the Attorney e-mailed, there must be a Docket Number. Your Attorney at the very least, must e-mail to you Notice of Bankruptcy Case Filing so that you can fax this over to the Court if you are not able to go to the hearing tomorrow because you do not have a ride.
or should i goto court house tonight and drop the documents in the drop box?
Response 2: No, you just do not drop off your bankruptcy documents to the Court. You only give the Court a notice of your bankruptcy filing referencing your State Court Docket Number so that the Court would know to match the Notice of Bankruptcy Case Filing to your pending case at the Courthouse.
or should i goto court tommorw and give them my bankrupcty document?
Response 3: Yes, you should. However, you must go in front of the Judge and tell the Judge that you have filed for bankruptcy protection. It is too late to just send the documents to the Clerk’s Office.
my worries are 1. if i dont go to court tommorrw, will police come to my house? (because i dont think my lawyer inform the court, keeps saying they will know automatically) 2. please give me advise.. my lawyer keeps telling me i dont have to go court tommrow but i really dont trust my lawyers word anymore.
Response 4: No. However, even if the police show up ,you would tell them that you have filed for bankruptcy protection. Again, your Attorney is giving you wrong advice here. The Court DOES NOT GET AUTOMATIC NOTIFICATION OF YOUR BANKRUPTCY CASE FILING. EITHER YOU OR THE OPPOSING COUNSEL WOULD INFORM THE COURT ABOUT THE FILING. THE COURT DOES NOT KNOW AUTOMATICALLY ABOUT THE FILING. However, if you are arrested because you failed to appear, your bankruptcy filing would require the Court to release you. So, the arrest would not have happened in the first place if you gave the Court a Notice of your bankruptcy filing. Again, if the Court does not know about your filing, which it would not know until the parties in the litigation inform the Court, the Court would go about its business as usual and that includes the bench warrant still being in effect.
is there any way i dont goto court tommorrw but let them know my bankrupcty file #? i dont have ride.
is going to court tommorrow is the only options??
Response 5: See my previous responses.
i am very confused because my lawyer said
court house will get notified anyways / you dont have to call / dont have to go court tommrrow/ dont worry about bench warrant
Response 6: I disagree. Your Attorney is absolutely wrong. I am a practicing bankruptcy Attorney in Massachusetts. The Court DOES NOT GET AUTOMATIC NOTIFICATION OF BANKRUPTCY CASE. THE NOTICE OF THE BANKRUPTCY CASE FILING IS GIVEN TO THE COURT BY EITHER THE PLAINTIFF OR THE DEFENDANT IN THE CASE.
your advise is
i must tell the court my bankrupcty file # XXXXX my case can be suspend
i do have bankrupcty file #. (my lawyer just e-mailed me.)
please give me advise ..
thank you so very much.
Response 7: Please see my previous responses.