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Bankruptcy Notice Questions

What is a bankruptcy notice?

A bankruptcy notice is an official notice that is sent to debtors to demand repayment of debt. It is also sent to creditors to inform them that the individual who owes them money has filed for bankruptcy. Bankruptcy has a lot of aspects that an individual needs to keep in mind before filing. The notice of bankruptcy is one such thing. Given below are popular questions about bankruptcy notice that people may ask.

Can an Individual Contest a Bankruptcy Notice by himself/herself?

An individual may contest a bankruptcy notice by himself/herself. However, in most situations, it would be better for the individual if he/she consults a lawyer about how to respond to the notice.

Can a Debtor’s Attorney send a Bankruptcy Notice to a Creditor if the USPS cannot send it due to a Change in Address?

If the USPS cannot send the bankruptcy notice to the creditor due to change of address, then ideally, the debtor may first attempt to find the creditor’s current address. However, if the current address cannot be found, then in most situations, it would be enough if the creditor’s old address is listed correctly. The debtor’s attorney may also send the bankruptcy notice to the creditor as the bankruptcy court may not send a second notice. The notice should be sent through certified mail and a return receipt may be requested. The return receipt may be kept in the debtor’s file for reference incase of any problems in the future.

What can an Individual do if he/she receives a Bankruptcy Notice for a Company that he/she does not Own and is not Associated with in any way?

If an individual receives a bankruptcy notice from a court for a company the he/she does not own or is not associated with in any way, he/she may send a letter to the bankruptcy court stating that he/she has no knowledge of the bankruptcy proceeding and that there has been a mistake in the notice.

What can an Individual do if he/she does not receive a Bankruptcy Discharge Notice?

If an individual does not receive a bankruptcy discharge notice, he/she may ask his/her attorney to get a copy of the bankruptcy discharge notice. If the individual does not have an attorney, then he/she may have to go to the bankruptcy court and get a copy of the notice.

If a Creditor receives a Chapter 7 Bankruptcy Notice, would he/she receive the money from the Debtors?

In most cases, a creditor may not get anything from the debtor if he/she received a chapter 7 bankruptcy notice from the court. This is because, most of the times, the debts in a chapter 7 bankruptcy are discharged. However, if the debtor has any assets, the creditors will get another notice from the bankruptcy trustee about it. The creditor can then file a Proof of Claim.

If an Individual receives a Bankruptcy Notice on his/her Joint Credit Card Account; would it affect his/her Credit Report?

If an individual received a bankruptcy notice on his/her joint credit card account it may not affect his/her credit report. The bankruptcy may not show up on his/her credit report. However, the individual may continue to be liable towards the debt. The joint account holder who filed the bankruptcy may be discharged of the debt, but the creditors can come to the individual for clearing the debt.

Understanding what a bankruptcy notice is and what one must do when one gets a bankruptcy notice will help individuals through their bankruptcy filing process smoothly.

Ask a Bankruptcy Lawyer

FiveStarLaw
FiveStarLaw, Attorney
Category: General
Satisfied Customers: 3317
Experience:  Bankruptcy Lawyer. Experienced.
9968427
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Bankruptcy Lawyers are online & ready to help you now

FiveStarLaw
Attorney
Satisfied Customers: 3203
Bankruptcy Lawyer. Experienced.
Terry L.
Attorney
Satisfied Customers: 2204
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Phillips Esq.
Attorney-at-Law
Satisfied Customers: 950
B.A.; M.B.A.; J.D.

Recent Notice Questions

  • what is it meant by the US Trustee to appoint a consumer privacy

    what is it meant by the US Trustee to appoint a consumer privacy ombudsman under 332
    and how does 9014 governs the motion which shall be served on: any committee elected under 705 or appointed under 1102 of the code and does these rules apply in Chapter 7 cases?
  • I have a hearing on my Debtors Motion to Amend or make additional

    I have a hearing on my Debtors Motion to Amend or make additional findings of fact pursuant to rule 7052, 9014 and 7062 of the F.R.Bank.P. I plan to appeal to the District Court. My question is can I also file with the Notice of Appeal a motion for stay of the enforcement the Order until appeal has been heard? And can I also continue to use the cash collateral opposed to the Chapter 7 trustee in order to manage the estate? A bankruptcy court principal responsibility is to secure the benefits of creditors best possible bid and I am better situated to do that in a more efficient and effective and expeditious manner then the trust. Is their bankruptcy ruling and law for this. 2nd Circuit would be great
  • I Live in NJ but own a condo in South Carolina. I'm familiar

    I Live in NJ but own a condo in South Carolina. I'm familiar with NJ foreclosure laws and know that when a property is going to be sold at a sheriff sale, the owner of the property must be given notice. Is this the same in South Carolina? I received only the original notice that the bank was going to file foreclosure but received not further notices. Never got any notices that the foreclosure was granted and/or that the property was going to sheriff sale. But I believe it was sold because the locks have been changed on the property and the property was winterized. I am having difficulty finding out info as to who did this and what their right was to do this. When I called my mortgage company all they told me was that it was REO managed. I'm not even sure what that means, but I think it means they own it now which means they most have foreclosed. Can they do this without sending me information that it was going to happen?
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