File Chpt 7...weeks later, process server at door??? Do i need to worry?

[sjades]

Help!
We filed chapter 7 pro se two weeks ago. all paperwork in order. 341 set. mind is getting at ease with a fresh new start in sight. but... Tonight, I had a relative at our house alone who mentioned that a person who id’d himself as a process server was at the door and asked when I would be home (he asked if she was me. she asked him to id himself and he just said “process server” – she did not open the door as she was alone, in pajamas, and it was late...9pm'ish) and she just said “tomorrow”. she asked him if he could leave whatever he had in the mailbox, but I guess he couldn’t. she said he sounded pleasant too.

My question is…can we still be served even after filing bk? I don’t know which creditor this is from but a few months ago, we were made aware of two creditor suits thru debt collectors/lawyers that advertised their services. we looked up the court case numbers they referenced and they’re filed, but we have never been served. My questions are…do I have any rights? What do we do if the server shows up at our door again and we’re home? Do we take the documents or send them back with something to whoever hired the server. I didn’t think this could happen once we filed. Could this be anyone other than the two we were aware of? do i need to file anything else with the court to stop this from proceeding? Any insight would be really helpful. My imagination is running rampant and it's making me a nervous wreck all over again. thanks in advance. shel

[tcreegan]

Hi sjades, and welcome!

It is probably a case of "crossed in the mail" The original creditor along with the debt collectors/lawyers should be on your creditors matrix, if they aren't send them a copy of the BK notice w/ case# and file date. Certified mail, ret. rcpt. requested. The suits against you should get dismissed but as a CYA move, I would file a copy of the BK notice in the court where they are suing you. Ask the court clerk in the court where you were getting sued how to do this.

You actually want to find the process server, to see who is on the papers. If it is someone new, send the Bk notice, etc, etc.

Time to rein in your rampant imagination and get your nervous wreck back on the road...you are now protected by the mighty Automatic Stay, faster than a speeding process server, stops creditors with its bare hands, leaps over collection agencies in a single bound!

Tom in Colo

[sjades]

Thank you for such a fast response, Tom! He will probably return tomorrow. Just thought it was odd that after all this time of not making cc payments (about a year), I get served AFTER filing. My matrix was pretty thick and thorough so can’t imagine that this is anything new. I wonder if the mortgage companies serve papers as a way to make us reaffirm? We aren’t behind on those payments and have done everything we can to stay on top of those and intend on staying on top of it. Instead of guessing, I will find out who it is, but just curious to know if the mortgage companies tend to do something after bk filings. Nerves slightly calmed. Thank you again.
Shel

[frogger]

Time to rein in your rampant imagination and get your nervous wreck back on the road...you are now protected by the mighty Automatic Stay, faster than a speeding process server, stops creditors with its bare hands, leaps over collection agencies in a single bound!

That was good Tom.

Yes, wires get crossed, mail gets lost, sh.....
it happens.

[SunshineGal]

I wonder if the mortgage companies serve papers as a way to make us reaffirm? We aren’t behind on those payments and have done everything we can to stay on top of those and intend on staying on top of it. Instead of guessing, I will find out who it is, but just curious to know if the mortgage companies tend to do something after bk filings. Nerves slightly calmed. Thank you again.
Shel

The mortgage will company will send any reaffirmation agreements through your attorney. If your pro-se, than they would send them to you, but I doubt they would use a process server to do it.

As for the court papers, answer the door. Process servers don't bite, they are just doing their job. Once you know who's suing you, have your attorney, (or you, if Pro-Se) send a suggestion of bankruptcy to the plaintiff's attorney and the court and it will stop the suit as tcreegan said.

[sjades]

An update to this…I was served this week. Nice guy! They’re from the two creditors (same law firm) that had filed suits a few months ago.

I contacted the two courts after Christmas and they said that I needed to bring in something that showed we filed Chapter 7 so it’ll be on the courts’ records. Nothing formal like a specific Suggestion of Bankruptcy form for either court. So I took in a copy of the printout that the BK court had given us on the day of the filing to each and got them to date stamp it and got a copy of those stamped printouts. To cover myself, I also mailed cover letters and the date stamped copies from each of the courts where the suits are filed to the law firm and I know they’ve received both certified letters.

My question is, in the papers that were served, there’re questionnaires to "answer" the suits. Since I’ve filed C7 and the courts and cc companies and law firms are (should be) aware of it, do I still need to answer the questionnaire even with the automatic stay or does the stay completely nullify the action of answering and I do nothing more?

Our 341 is next week (nervous, but excited as it's the next step to move on!) and my mind is racing and wondering if the lawyers for the cc cos. will show up. If anyone has had creditors/their lawyers actually show up, can you share your experience? Admittedly I haven’t done a forum search yet, but will probably do that after I send this.

Thanks again!

Shel

[free2breathe]

These debts are now included in your bankruptcy. Getting the info to the courts and to the attorneys of note will have stopped the lawsuit in its tracks. I don't think you need to worry about the questionnaire.

[SunshineGal]

Hi Shel,

I am not an attorney, but once you file it stops all pending suits so I wouldn't think you need to file an answer.

As for creditors showing at the 341, I really wouldn't lose any sleep over that. If the creditors are big lenders they won't bother, it's usually the small creditors (landlords, ex spouse, business partners, etc) that show up to the 341. I sat through a 2 hours of 341s and didn't see one creditor.

[sjades]

sweeeeeeeet! thank you all for your answers! didn't think so either but had to check. i'm feeling better about our 341 on 1/11/11 because of y'all! Shel