CAN A CREDITOR CONTACT A POTENTIAL DEBTOR?
Before a bankruptcy petition is filed, reasonable contact is appropriate. The Automatic Stay created by the filing of a bankruptcy petition is quite specific: a creditor should not contact a debtor directly once the petition is filed. If there is a matter of immediate concern, a creditor may contact the debtor’s attorney after filing. Most bankruptcy courts list the debtor’s attorney on the notice form creditors receive immediately after a debtor files. A debtor’s attorney’s name can also be obtained from the records filed with the bankruptcy court. For cases filed after October 17th, 2005, a creditor may demand from debtor’s counsel a copy of the debtor’s last filed federal tax return and copies of all returns filed while the debtors are in bankruptcy. 4. DOES A CREDITOR NEED AN ATTORNEY’S REPRESENTATION IF A DEBTOR OF THAT CREDITOR FILES BANKRUPTCY? This decision has to be made on a case-by-case basis. A creditor should without fail, consider filing a proof of claim. If that can be d
