Will an attorney notify creditors in my bankruptcy? How? 12 Answers as of May 19, 2015

If I file for bankruptcy will I have to notify my creditors myself or will a bankruptcy lawyer do it for me? If I file for bankruptcy, I want my wage garnishments to be stopped as soon as possible. If a lawyer will help, then that is probably my best option at this point.

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GARCIA & GONZALES, P.C. | Richard N. Gonzales
Upon filing of your BK, all of your creditors will be notified by the Bankruptcy Court Clerk. This will also stop any garnishment in progress. "Filing your case" are the operative words here.
Answer Applies to: Colorado
Replied: 5/19/2015
Charles Schneider, P.C.
Charles Schneider, P.C. | Charles J. Schneider
The National Noticing center does. Not all attorneys have a policy of noticing themselves stop a garnishment earlier. Especially the discount attorneys.
Answer Applies to: Michigan
Replied: 5/18/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
The bankruptcy court will notify the creditors. The sheriff needs to be notified to stop the garnishment. Your lawyer should take care of that. But beware - some sheriff's departments take weeks to stop it (for example the LA County Sheriff). You will however get the money taken post petition back.
Answer Applies to: California
Replied: 5/18/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
The court has a noticing system in place to send out information to creditors, but it does not happen overnight. When there is a wage garnishment that needs to be stopped, most bankruptcy attorneys have a system in place to provide for expedited notice that will allow the garnishment to stop immediately. There are many other advantages to having a bankruptcy attorney representing you as bankruptcy is a lot more than filling out some simple forms and doing 5th grade math.
Answer Applies to: Nevada
Replied: 5/18/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Actually the federal courts will notify all of your creditors
Answer Applies to: New York
Replied: 5/18/2015
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    When your case is filed, it includes a list of your creditors, their addresses, and amounts owed. Each creditor listed will receive a Notice of the Bankruptcy, this is typically mailed out by the court. However, in a case of a garnishment, I will typically not only list the creditor and their counsel but I will also fax a copy of the Notice to the Creditor and Counsel as soon as I file the case. The mailing done by the court takes about a week. By faxing I can provide almost instant notice alerting the creditor that they must now take steps to withdraw the garnishment order. Notifying the sheriff's office or the employer typically has not yielded results for me since both of these third parties are waiting for the paperwork that needs to come from the creditor or their attorneys. Unfortunately, also some of the sheriff's office are slow in processing the withdrawal and since there are multiple parties in the process this may take a few days, unfortunately sometimes weeks. Of course you supposed to and typically do receive a refund of any money taken once the case is filed.
    Answer Applies to: California
    Replied: 5/18/2015
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Your creditors receive a notice mailed to them from the bankruptcy court. The court has that information from the list of all of your creditors which you are required to provide to the court when you file.
    Answer Applies to: California
    Replied: 5/18/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Retaining a lawyer to advise and represent you in a bankruptcy is almost always worth the investment. It is not the lawyer, but the Clerk of the Bankruptcy Court, who gives a standard formal notice to all creditors. Have your lawyer notify the creditor doing the garnishment and your payroll office, and also the Clerk of the Court in which the garnishment is filed as soon as your bankruptcy petition is filed with the (federal) bankruptcy court. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 5/15/2015
    Ronald K. Nims LLC | Ronald K. Nims
    The court will notify your creditors (for some strange reason, it's felt that having the bankrupt or the bankrupt's attorney notify creditors might be abused - like sending the notice without filing the bankruptcy). The garnishment should stop immediately upon filing. Your lawyer will notify your employer (or Paycheck whoever pays you), the creditor and the court handling the garnishment. Sometimes, it takes a while for word to get to the proper department and your lawyer will handle getting any post filing garnishments paid back to you.
    Answer Applies to: Ohio
    Replied: 5/15/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    You need to list all creditors with addresses. Once the case is filed, the court itself gives official notice to creditors who then must stop all collection activity.
    Answer Applies to: California
    Replied: 5/15/2015
    Law Offices of Daniel J Winter
    Law Offices of Daniel J Winter | Daniel J Winter
    Yes the lawyer should help notify the creditors, especially ones who are garnishing wages; the rest will be notified by the court. Yes you should use an attorney to prevent problems.
    Answer Applies to: Illinois
    Replied: 5/15/2015
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