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HOW DOES FILING BANKRUPTCY AFFECT LAWSUITS AND ATTACHMENTS THAT HAVE ALREADY BEEN FILED AGAINST ME?

April 26, 2017affect attachments Bankruptcy filed filing lawsuits

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HOW DOES FILING BANKRUPTCY AFFECT LAWSUITS AND ATTACHMENTS THAT HAVE ALREADY BEEN FILED AGAINST ME?

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Filing bankruptcy will automatically stop all lawsuits and attachments against you. Your creditors must stop all actions against you immediately after a bankruptcy is filed. The only cases not affected are criminal cases and those to collect debts for alimony, maintenance or child support.

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The filing of a petition in bankruptcy will automatically stop most lawsuits and attachments against you. A few days after your bankruptcy papers are filed, the court will mail a notice to all of your creditors, ordering them to stop all actions against you. If you cannot wait this long it is permissible for you or your attorney to notify the creditor. If this is done, the creditor should be given the bankruptcy number assigned to your case and advised, in writing, of the day and hour that your case was filed. About the only cases not affected by filing bankruptcy are criminal cases and those for collections of debts for alimony, maintenance, or support from property that is not a part of your bankruptcy estate (i.e., exempt property or property acquired after the date of filing), certain taxes, and certain educational loans.

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The filing of a petition in bankruptcy will automatically stop most lawsuits. A few days after your bankruptcy is filed the court will mail a notice to all of your creditors, ordering them to stop all actions against you. Back to top.