Should I receive papers from a process server after I file for bankruptcy? - Bankruptcy Law Questions and Answers- LawQA.com

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Should I receive papers from a process server after I file for bankruptcy?

Should I receive papers in person like a process server if I am in a middle of filing for bankruptcy? My lawyers advised us to ignore everything and everyone.

Christopher Legal Group
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The automatic stay gives you certain protections once you file bankruptcy. If you receive a summons and complaint (i.e. lawsuit), you or your attorney may want to contact the attorney or person who filed the case to inform them of your bankruptcy filing. This should take care of the problem.

Answer Applies to: Nevada
Replied: 1/19/2011

Answer By Harry L Styron
Law Office of Harry L Styron
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Continuing to attempt to collect a pre-petition debt after the petition is filed is a violation of the bankruptcy law. Ordinarily you could give the process server a copy of the Notice of filing, and he should stop bothering you. If you receive the papers, then you can send a copy of the Notice to whoever filed against you and to the court where the papers were filed, and that will stay whatever case is in progress.

Answer Applies to: California
Replied: 1/18/2011

Uriarte & Wood, Attorneys at Law
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Accept the documents and contact your lawyer immediately. He will be able to deal with it for you.

Answer Applies to: California
Replied: 1/18/2011

Answer By Mark Markus
The Law Office of Mark J. Markus
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I disagree with your lawyers' advice. The process papers may be for something that occurred after you filed your bankruptcy case, in which case you'd need to deal with it. Or, if it deals with something covered by your bankruptcy case, you need to be aware of what that creditor is doing so you can take actions to stop them in the bankruptcy court.

Answer Applies to: California
Replied: 1/17/2011

Law Offices of Michael J. Berger
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If you receive papers from a process server after you file bankruptcy, you should notify your bankruptcy attorney at once. You should also notify the attorneys for the creditor that sued you and tell them that you are in bankruptcy. Give them your bankruptcy Case No. and filing date. 11 U.S.C. Section 362 Automatic Stay stops all lawsuits against you. You need to notify opposing counsel and the Court about your bankruptcy case so that they know that the case is stayed. The way to notify the Court is to file a Notice of Automatic Stay. Your bankruptcy attorney should do this for you as part of the work that you hired him to do when you hired him to file bankruptcy for you.

Answer Applies to: California
Replied: 1/17/2011

Answer By Gus Johnson
Gus Johnson Attorney at Law
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You really should talk to your lawyer about your questions.

Answer Applies to: South Dakota
Replied: 1/17/2011

Carballo Law Offices
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If you have already filed bankruptcy you need to make sure that the creditor who is suing you received notice. If you have not yet filed then the creditor can continue with the case against you and serve you with process. It sounds like you have not yet filed so it is OK to serve you with process. You should file before the time to answer the complaint expires (usually 30 days) to avoid a judgment being entered. Although the judgment can be discharged in bankruptcy, it will be another black mark in your credit report and might lead to a lien being filed which might require a motion to avoid the lien and a more expensive bankruptcy case.

Answer Applies to: California
Replied: 1/17/2011

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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You should not be getting served after the bankruptcy is filed. Your lawyer should be making sure a judgment is not entered against you.

Answer Applies to: California
Replied: 1/17/2011

Answer By Tony DiTocco
DiTocco Law Group, PLLC
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You will not be served papers from a process server in your bankruptcy.

Answer Applies to: Florida
Replied: 1/17/2011

Answer By Dawn DiManna
DiManna Law Office, LLC.
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If you have an attorney, you should provide this information to your attorney to handle this.

Answer Applies to: New Hampshire
Replied: 1/17/2011

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