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WHAT IS SUGGESTION OF BANKRUPTCY, HOW TO FILE IT?

Davenport, FL |
Filed under: Litigation

Please!
I am In foreclosure, mot. for summ. judgm. is 11/17/11 and I filed for Bankrupcy ch.7 yesterday, surrendered my house.
How can I file the form SUGGESTION OF BANKRUPTCY??
Thanks!
Just in case my email is betto1205@yahoo.es

Attorney Answers 5


  1. A "Suggestion of Bankruptcy" is a form you file with the local court where a lawsuit is pending to alert them to the fact that you've filed bankruptcy. To be honest, this is rarely, if ever, filed because your creditors would include those involved in the lawsuit, and they should already be receiving a notice of your bankruptcy filing - it's redundant, and I don't typically use it in my practice. Frankly, in over 15 years, it's never been an issue.

    This answer is not to be considered a response to a specific legal issue in a specific jurisdiction - it is to be considered only a general response to a hypothetical scenario posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction.


  2. Suggestion of Bankruptcy is a form that you file as a cover sheet with a copy of your bankruptcy notice to stop any pending litigation in any court.

    It isn't much of a form - it basically just states the court formatting and the caption "suggestion of bankruptcy," and says attached is proof of bankruptcy filing.

    If you are represented by an attorney, s/he should be taking care of this for you. Hope this perspective helps.


  3. I was an editor on a form for the Missouri bar commercial law committee for standardization of Suggestion of Bankruptcy: here's some key language

    Notice of Bankruptcy: The undersigned Informant suggests that one or more parties in the instant action has petitioned for bankruptcy protection under Title 11 of the United States Code, (11 U.S.C.; the Bankruptcy Code):
    The Bankruptcy Petitioner(s) is/are:
    The Chapter of Bankruptcy is:
    The filing date was:
    The Federal District/State of filing & Case number are:
    The bankruptcy case trustee is:

    As of the date of this Suggestion, Informant believes the bankruptcy is pending.


  4. Go to the Clerk of Court for the county court in which you are being sued and ask how to file it there. Should be a sinch.


  5. You can go to the clerk of the court where the foreclosure action is pending and file a document entitled Suggestion of Bankruptcy in which you (under the caption of the case with the foreclosure case number) simply advise the counsel/parties in that case that you filed chapter 7 bankruptcy, with the date of filing and the case number for your bankruptcy case. The filing will stay other actions under United States Bankruptcy Code Section 362, and will usually include the foreclosure action. You can mention in the Suggestion that you are giving notice pursuant to the above section. The court clerk should be able to assist you. The attorney for the bank should be provided a copy of what you file. You should check with counsel as to any specifics in your jurisdiction, as this is a general response and should not be relied upon without consulting with counsel. I am also advising you that I am not providing legal advice and we are not your attorneys for any purpose.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. No attorney-client relationship has been formed by this response and none is intended. Consult counsel of your choosing to obtain specific information about the details of your particular situation.

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