Confused about Automatic Stay

[rntuqt]

If it takes time to actually file the petition and get a case number how can I stop creditors from garnishing wages or getting lien on bank account. One credit card co. already took my tax return check out of my bank which I deposited in my account. This made me overdrawn and I got a fee for that!

Is writing them a cert. letter enough to prevent them from attaching or can they attach, garnish, etc. up to the time I actually submit all my schedules and stuff?

Thanks for this site!

[blankslate]

Are you filing pro se or with an attorney?

Either way, the very day you file you get your case number. As soon as you have that call this creditor and inform them even though a notice of filing will go to all of the creditors in your matrix.

I noticed when I filed and at my 341 that the attorneys tend to file a large amount of cases all at once. Most likely so they can have them all together at one 341 meeting. If this is an emergency filing I don't know how they would go about that.

I filed pro se. Had a notice that my next paycheck was going to be garnished at the full 25%. I got that notice on a Saturday and I had one week to file and get the case number to my payroll before they cut my pay check. I found this forum on Sunday, got all of the info I needed and filed that Friday morning. As soon as I had my case number in hand I faxed it to my payroll department and called and left a message to keep an eye out for that fax AND emailed them the case number. They got the message in time and there was no garnishment on the next pay check.

[kenshirley]

You do get the case number when it's filed. Most attorneys do it over the internet today and get the case number right away.
Now, do the companies involved respect that?
Some, or most do. But many wait until they are officially notified and that takes time to filter through their organization.
I had one that harassed me, got two letters from my attorney and still called and sent threatening letters right up until my 341.

[rntuqt]

Thanks - I am filing pro se. Can I send in the voluntary petition to get the case number prior to submitting all the schedules?

[justbroke]

Thanks - I am filing pro se. Can I send in the voluntary petition to get the case number prior to submitting all the schedules?

That would be called an emergency petition. You really need to be prepared because all the schedules and required local forms, must be filed within 15 days of filing the emergency petition, or your case is dismissed. Reopening fees are $260 and re-filing altogether will cost a little more than that. So, don't throw good money away, unless you're one of those serial filers who just like to use (abuse?) the Automatic Stay.

In any event... the moment you have the case number, you're good.

I'd first make sure that you understand all the paperwork required, have the NoLo book (at least), and know that you can complete the other paperwork before filing an emergency petition.