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Subject:
Bankruptcy
Category: Business and Money > Finance Asked by: coopersdad-ga List Price: $10.00 |
Posted:
23 Sep 2005 10:25 PDT
Expires: 23 Oct 2005 10:25 PDT Question ID: 571596 |
My wife and I filed our bankruptcy petition ourselves, without an attorney. As soon as I file is there a temporary stay on all collections and reposessions? Since I don't have an attorney should I tell my creditors i filed my petition when they call? | |
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Subject:
Re: Bankruptcy
Answered By: tutuzdad-ga on 23 Sep 2005 14:16 PDT Rated: |
Dear coopersdad-ga; Thank you for allowing me to answer your interesting question. ?The filing of a bankruptcy case, under any chapter of the Bankruptcy Code, triggers an injunction against the continuance of any action by any creditor against the debtor or the debtor's property. 11 U.S.C. 362.? BANKRUPTCY IN BRIEF http://www.moranlaw.net/stay.htm Here are the Federal Statutes courtesy of Cornell Law: TITLE 11 > CHAPTER 3 > SUBCHAPTER IV > § 362 § 362. Automatic stay http://straylight.law.cornell.edu/uscode/html/uscode11/usc_sec_11_00000362----000-.html I hope you find that my answer exceeds your expectations. If you have any questions about my research please post a clarification request prior to rating the answer. Otherwise I welcome your rating and your final comments and I look forward to working with you again in the near future. Thank you for bringing your question to us. Best regards; Tutuzdad-ga ? Google Answers Researcher INFORMATION SOURCES Defined above SEARCH STRATEGY SEARCH ENGINE USED: Google ://www.google.com SEARCH TERMS USED: BANKRUPTCY AUTOMATIC STAY | |
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coopersdad-ga
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Subject:
Re: Bankruptcy
From: spearth-ga on 23 Sep 2005 13:33 PDT |
Your state Attorney General's Office will answer this question. Give them a call and you'll get an answer for free. |
Subject:
Re: Bankruptcy
From: lawman100-ga on 25 Sep 2005 13:42 PDT |
I also recommend that you send a letter to all of your creditors to advise them that you have filed for bankruptcy and attach a copy of your bankruptcy petition. Notwithstanding the foregoing, if the creditors were listed as creditors in your bankruptcy petition, the bankruptcy court will notify them by mail that you have filed for bankruptcy protection. As the answer stated, the filing of a bankruptcy petition operates as an federal injunction prohibiting creditors from collecting on a debt, proceeding with a foreclosure, etc., unless the creditor obtains relief from the automatic stay from the bankruptcy court. Lawman100 Lawman100 |
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