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

Asked almost 2 years ago - Nashville, TN

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

Attorney answers (5)

  1. Robert Michael Fox

    Contributor Level 10

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    Answered . 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.

  2. Diane L Gruber

    Pro

    Contributor Level 18

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    Answered . 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.... more
  3. Michael Kim

    Contributor Level 6

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

  4. Gary D. Bollinger

    Contributor Level 19

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    Answered . 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.

  5. Dorothy G Bunce

    Pro

    Contributor Level 20

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

Related Topics

Bankruptcy

Bankruptcy is a legal way for people or businesses who are no longer capable of paying back their bills to clear these debts and start over.

Chapter 7 bankruptcy

Chapter 7 bankruptcy is a form of bankruptcy where your debts are canceled, but some of your assets are sold to pay off part of your debt.

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