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    #1

    Summons after filing

    I filed BK on May 14, and in my mail today I received a second summons from a creditor that I have included in my filing. Is this legal? What will happen with the summons? What can I do about this?

    They served me a summons about two weeks before I filed too via the sheriff. I filed a reply at the court house. My atty said I didn't need to send a copy to the creditor because I was filing BK and it would take care of it, and now a summons by mail...???

    I will be talking to my attorney tomorrow, but would like some feedback as well. Has this happened to others?

    Thanks...
    BK filing ~ May 14, 2010
    341 Meeting ~ June 29, 2010
    Discharge ~ August 31, 2010
    Tags: None
    #2
    Originally posted by KSL View Post
    I filed BK on May 14, and in my mail today I received a second summons from a creditor that I have included in my filing. Is this legal? What will happen with the summons? What can I do about this?
    ... Has this happened to others?
    It's not unusual in a large-sized, complex creditor company for the legal dept and the dept that receives bk notices to not be communicating well. It's likely that their wires crossed and the dept that sends out the summons wasn't notified that their bk dept received notice of your filing.

    Is this creditor secured or unsecured?

    You still need to bring this letter to your lawyer's attention immediately. By serving you with a summons after filing, this creditor has violated your automatic stay. Your lawyer can take care of this quickly with a stern letter. The creditor will slink away and this will be the last you'll hear about this summons.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !
    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment

      #3
      It is an unsecured debt.

      What does violated automatic stay mean? This is new terminology for me.

      Thank you for your feedback...
      BK filing ~ May 14, 2010
      341 Meeting ~ June 29, 2010
      Discharge ~ August 31, 2010

      Comment

        #4
        The automatic stay gives you instant protection from your creditors---once
        you've filed for bankruptcy---and no creditor may contact you in any way
        during the automatic stay---which usually lasts up to the time of the 341
        meeting---so any such contact can be in violation of this automatic stay.

        Comment

          #5
          Originally posted by feelingnutsy View Post
          The automatic stay gives you instant protection from your creditors---once
          you've filed for bankruptcy---and no creditor may contact you in any way
          during the automatic stay---which usually lasts up to the time of the 341
          meeting---so any such contact can be in violation of this automatic stay.
          To add, any suit to you or from you is also tolled or discharged in the bankruptcy. You cannot be sued in the automatic stay. Don't ignore the summons but also, don't worry about it. 'Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

          Comment

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