I SIGNED THE PAPERWORK TO FILE BANKRUPTCY, NOW WHAT?

I SIGNED THE PAPERWORK TO FILE BANKRUPTCY, NOW WHAT?

You have signed the paperwork, now what is going to happen?  Whether you are filing a Chapter 7, 11 or 13 the next step is the same.  The next thing you want to hear, is the answer to the question, what the case number of your case?  Just because you have signed the paperwork does not mean your case is filed.

Once your case is filed, the Bankruptcy Court will give your case a case number.  When a creditor calls you, the creditor will ask, what is the case number.  You should have this number with you at all times as creditors will sometimes contact you weeks after the case is filed and the creditor will claim that it has not received your case number.

If the creditor says that it has not received notice of your filing, be sure to ask what is the address that notice should have been sent for notice to be received by the creditor by mail.  You should always check your schedules and make sure that any creditor who calls you after you file is actually listed on your schedules.  Most creditors will not risk violating the automatic stay by contacting you once your case is filed.

If you receive a letter or a call from a creditor after your case has been filed for 14 days, there may be a problem.  Make sure you contact your attorney and let the attorney know who is contacting you.

Remember: A CREDITOR WHO IS NOT MADE AWARE OF THE FILING OF YOUR CASE MAY NOT BE DISCHARGED YOU FINISH YOUR CASE.

About Nathan Davis, Esquire

Born in Charleston, South Carolina, Nathan Davis has been practicing law for many years. Mr. Davis has a wide variety of experiences having practiced domestic relations, criminal law, social security law having also practiced collection law in the past. This knowledge is helpful when someone needs to restart their financial life. The practice is now primarily bankruptcy and debtor representation work, but, Mr. Davis continues to also practice real estate law, trusts and estates and a general litigation practice. I believe that the most important part of representation is trying to leave you better off when the case is finished than when you started. Although I will do as my client directs, I will always tell you if I think that you are making a mistake. Bankruptcy is about a "fresh start". If you do not make changes in what you are doing, you will be doing what you are doing now in the future. There is no shame in bankruptcy or other steps that you may take to start your life over. Too often, people worry more about things than about themselves, their family or their future.
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