Should I receive papers from a process server after I file for bankruptcy? 15 Answers as of January 19, 2011

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.

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Christopher Legal Group
Christopher Legal Group | Shawn Christopher
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
Law Office of Harry L Styron
Law Office of Harry L Styron | Harry L Styron
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
Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
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
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
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
Law Offices of Michael J. Berger | Michael J. Berger
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
    Gus Johnson Attorney at Law
    Gus Johnson Attorney at Law | Gus Johnson
    You really should talk to your lawyer about your questions.
    Answer Applies to: South Dakota
    Replied: 1/17/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    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
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    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
    DiTocco Law Group, PLLC
    DiTocco Law Group, PLLC | Tony DiTocco
    You will not be served papers from a process server in your bankruptcy.
    Answer Applies to: Florida
    Replied: 1/17/2011
    DiManna Law Office, LLC.
    DiManna Law Office, LLC. | Dawn DiManna
    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
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    People cannot legally sue your during your bankruptcy. And they cannot continue a law suit that's been started. The process-server (assuming it's not for child support or something like that) looks like it might be a violation. Was it maybe four days after you filed your bankruptcy? They may not have gotten notice yet. Was it maybe six weeks? That sounds like a willful violation of the orders of the bankruptcy court.

    (The rules would be different if this isn't your first bankruptcy. Also, if you own a corporation or LLC, they can continue to sue the business, just not you.)
    Answer Applies to: Virginia
    Replied: 1/17/2011
    George Hoselton Bankruptcy Attorney
    George Hoselton Bankruptcy Attorney | George Hoselton
    In the event you get served, you should let your attorney know so they can advise the creditor and their attorney of the bankruptcy.
    Answer Applies to: Oregon
    Replied: 1/16/2011
    The Shakoori Law Group
    The Shakoori Law Group | Rachelle Shakoori
    If you have already filed bankruptcy you should not be served with papers unless they are trying to initiate an adversary proceeding in the bankruptcy court. If you still have not filed the creditors can still continue collection efforts.
    Answer Applies to: California
    Replied: 1/16/2011
    Law Offices of Steven A. Wolvek
    Law Offices of Steven A. Wolvek | Steven A. Wolvek
    If you have a lawyer - I cannot give you any legal advise.
    Answer Applies to: California
    Replied: 1/16/2011
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