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When filing a Chapter 7 Voluntary Petition am I required to send advance notice of the filing to my creditors prior to filing.

Nashville, TN |

I'm filing a Chapter 7 Voluntary Petition.
I'm an individual with primarily consumer debt.

Attorney Answers 5

Posted

Nope. That is what the 306. court filing fee is for. After listing all your creditors, along with their respective addresses, the court will send out notice of your BK to them. This process generally takes about a week or so. If you are in danger of an immediate foreclosure, wage garnishment or a car repo, i suggest you have your attorney send a letter with a notice of your filing/case # to the attorneys for that creditor.

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Posted

Nope! But you ARE required to list every creditor WITH addresses so the court can notify them after you file. Talk with a BK attorney.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

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Posted

No, why would you think you needed to do this? Sounds like you desperately need legal representation. Hope this perspective helps!

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Posted

No you are not. Your creditors must be listed in your schedules and will be notified by the court.

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Posted

You wrote, "When filing a Chapter 7 Voluntary Petition am I required to send advance notice of the filing to my creditors prior to filing."

Comment:
Filing a Chapter 7 or 13, with rare exception, causes the court to automatically enter a stay of collection proceedings, such as repossession of a vehicle by the lender.

Sending out a "Proposal of Bankruptcy" to Creditors would increase the chance that some Creditors would hasten to take a collection action (repossession, for example) while it would still be legal.

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Posted

I greatly appreciate this informative answer, equally as valuable as the answer listed as best.

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