Bankruptcy Law

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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.
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