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Q: Bankruptcy ( Answered 5 out of 5 stars,   2 Comments )
Question  
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?

Request for Question Clarification by tutuzdad-ga on 23 Sep 2005 14:07 PDT
"If you qualify for bankruptcy protection an ?automatic stay? takes
effect as soon as your bankruptcy is filed with the court."

LAW OFFICES OF JOHN SAITIS, PLLC

Does this answer your question?

tutuzdad-ga
Answer  
Subject: Re: Bankruptcy
Answered By: tutuzdad-ga on 23 Sep 2005 14:16 PDT
Rated:5 out of 5 stars
 
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


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Best regards;
Tutuzdad-ga ? Google Answers Researcher



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BANKRUPTCY

AUTOMATIC STAY

Clarification of Answer by tutuzdad-ga on 23 Sep 2005 14:18 PDT
PS:  Once you file you will be given a Bankruptcy case number. Be
prapared to give your creditors this number if/when they calll.

tutuzdad-ga
coopersdad-ga rated this answer:5 out of 5 stars and gave an additional tip of: $5.00
Amazing respnse time. I'm a first time user and will be back

Comments  
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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