This video helps you understand how your creditors are provided notice about your bankruptcy filing. The Layton Law Firm PLLC routinely represents bankruptcy clients in Chapter 7 and Chapter 13.
Who Will Notify My Creditors About My Bankruptcy Filing?
The Bankruptcy Court will notify your creditors about your bankruptcy filing. The most common way that creditors find out about the bankruptcy filing is from a letter directly from the Clerk of the United States Bankruptcy Court. All creditors listed in your bankruptcy schedules will receive notice of the filing. The form of the letter is known as a B-9A and it contains all kinds of detailed information about the filing. It lists the debtor, the debtor’s address, and the last four digits of the Social Security number. It names the attorney for the debtor as well as the address and phone number. Of course, it has the case number. It has the jurisdiction in which the case was filed and most importantly, it has the trustee as well as the date, time, and location of the Meeting of Creditors. There is also some information on the B-9A regarding what actions certain creditors can take or not take now that a case has been filed. Sometimes, the debtor may not want to wait for letters from the court to reach creditors.
In some situations, you don’t want to wait for the clerk to notify your creditors but you want to have your attorney send an Automatic Stay to the creditor in advance of receiving notice from the clerk. This would be common if there is a garnishment or other type of court proceeding and you want the creditor to get notice immediately about your bankruptcy filing. The Automatic Stay is a one-page document that gets sent to creditors either by fax or email notifying them that a case has been filed on your behalf and that certain actions cannot be taken. Those actions include any type of effort to collect on a debt including sending statements, making phone calls or trying to attach bank accounts or wages.
Only Listed Creditors Will Receive Notice, So be Thorough
It is important to emphasize that only creditors listed on your schedules will receive notice of your bankruptcy filing. If you leave a creditor off your filing, they will not be bound by the discharge.
Having said that, if they do receive notice, they should immediately stop harassing you. If you are having problems with a particular creditor, notify your attorney. He or she has the ability to send additional notices and motions to take that creditor before the bankruptcy court for sanctions. Creditors are prohibited from attempting to collect on debts once they receive notice that a bankruptcy case has been filed.
The Bottom Line
As long as you follow the rule of full disclosure, and list all debts and assets, your attorney, as well as the clerk, will help make sure that each creditor is notified about your bankruptcy filing.
Bankruptcy Lawyer In North Carolina FAQs
Our North Carolina bankruptcy lawyer knows that filing for bankruptcy is a big decision, and meeting with a lawyer for the first time can feel intimidating. Many people are unsure of what to expect, what information they need to bring, or how the process will unfold. Asking the right questions during the meeting with your bankruptcy lawyer can help you feel prepared and confident as you move forward. We have 100 5-star reviews on Google, so give us a call when you are ready for help.
What Should I Bring To My First Meeting?
It’s important to come prepared with documents that show your full financial picture. This usually includes pay stubs, tax returns, bank account statements, credit card bills, loan documents, and any notices from creditors. Having this information available allows your lawyer to provide more accurate guidance. Asking this question helps you ensure that your time with the lawyer is productive from the start.
Will My Lawyer Help Me Decide Between Chapter 7 And Chapter 13?
Yes, one of the main purposes of the initial consultation with our North Carolina bankruptcy lawyer is to determine which type of bankruptcy fits your situation. Chapter 7 may eliminate many unsecured debts, while Chapter 13 sets up a repayment plan. Your lawyer will review your income, debts, and goals to recommend the best path. Many people ask this question because the differences between the two options can be confusing without professional guidance.
How Long Will The Bankruptcy Process Take?
The timeline depends on the type of bankruptcy you file. Chapter 7 cases can often be resolved in a few months, while Chapter 13 cases may last three to five years because of the repayment plan. Understanding the timeline helps you set realistic expectations. Asking this question during the meeting with your bankruptcy lawyer also gives you clarity on how long you will need to commit to the process.
Will My Credit Be Ruined Forever If I File Bankruptcy?
No, while bankruptcy does impact your credit, it is not permanent. Many people are able to start rebuilding credit soon after discharge by using secured credit cards or making consistent on-time payments. In some cases, filing can even help improve your financial health in the long run by eliminating overwhelming debt. This is one of the most common concerns clients have, which makes it an important question to address early.
Can My Lawyer Help Me Deal With Creditors?
Yes, once you file, creditors must stop contacting you. Even before filing, your lawyer may be able to assist with communication and provide advice on how to handle aggressive collection efforts. Asking this question ensures you understand how the legal process can protect you from further stress. Knowing that a lawyer can serve as a shield often brings clients significant relief.
At The Layton Law Firm, we know how overwhelming it can feel to prepare for the meeting with your bankruptcy lawyer. We are here to answer your questions, explain your options, and guide you every step of the way. We have more than 20 years of experience, so don’t hesitate to get in touch with us to see how we can help you. If you are ready to explore bankruptcy as a path toward financial recovery, contact our North Carolina bankruptcy lawyer today so we can help you move forward with confidence and peace of mind.
Further Reading
Can I Keep Credit Cards In Bankruptcy?
How Long Does Bankruptcy Take?
Speak With A Bankruptcy Attorney Today
If you have additional questions about bankruptcy, or about who will notify creditors about your bankruptcy, call us at 704.749.7747 to get your questions answered and take the next steps toward filing bankruptcy in Charlotte, North Carolina. Or, click for a FREE BANKRUPTCY CONSULTATION and we will reach out to you shortly. The call is free and we’re here to help. We know you have options. We hope you choose to Recover With Us.