How are OC's/CA's notified of automatic stay?

[ccdcduncan11]

I plan on filing pro se Monday, I have a lawsuit for a debt on Tuesday that's out of town that I can't absolutely take off for.. Just wanting to know how long it takes as rent is due next week and I can't afford garnishments or my bank account frozen (which is coming, I'm sure)


thanks!

[justbroke]

Well, if you file a full petition with all the schedules and forms including the Mailing Matrix, they will be notified either electronically (if their address is registered with the Bankruptcy Noticing Center - BNC) or within 5-7 business days. If you have things that are coming up in between that time, such as I had a foreclosure coming up, you would contact them after filing with your case #, date of filing, and district. I don't know your specific process for filing a "suggestion of bankruptcy" (or equivalent) with your civil court.

I also can't answer as to your lawsuit and whether, after judgement, how quickly a writ of garnishment could be entered.

[ccdcduncan11]

Well, if you file a full petition with all the schedules and forms including the Mailing Matrix, they will be notified either electronically (if their address is registered with the Bankruptcy Noticing Center - BNC) or within 5-7 business days. If you have things that are coming up in between that time, such as I had a foreclosure coming up, you would contact them after filing with your case #, date of filing, and district. I don't know your specific process for filing a "suggestion of bankruptcy" (or equivalent) with your civil court.

I also can't answer as to your lawsuit and whether, after judgement, how quickly a writ of garnishment could be entered.

How soon after filing would I get a case #?

[justbroke]

In my District, when I filed in person, the Case # was issued immediately. You can also request, when in person, to receive a stamped copy of the petition (Form B1). However, the case didn't show up in PACER until 2 days later. I filed on a Wednesday (I think).

[LadyInTheRed]

Go to the court as early as possible Monday. Ask if you can get a copy of the Notice of BK (I am not sure if they generate it immediately or if you would have to wait). Then fax or email a copy of the notice to the attorney for the creditor. If you can't get a copy of the Notice, send them the BK case number. Make sure to reference the Tuesday court date. Follow up with a phone call. Then, repeat with notice directly to the creditor. You may also want to call the civil court and ask if you can provide them notice by phone, fax or email.

Even if they get a judgmenet on Tuesday, I can't imagine garnishment could start before they get notice of the BK from the court. It doesn't happen overnight.

[ccdcduncan11]

My last post: Just yesterday I contacted the office inquiring about said lawsuit. I asked for the amount and told them I'd try to pay it back today, but the amount was the last straw that broke the camels back so I chose to never follow up and decided to file instead. Would there be any reason to suspect that they'd object to their discharge because I decided to file instead of following up with them? Would they suspect that I'm just filing as some stall tactic/False pretenses? Which is not absolutely true, I'm backed up against the wall, and I'm a no-asset case so I definitely want this to go without a hitch.

[LadyInTheRed]

Stalling tactics or requesting a balance "under false pretenses" are not grounds for having a debt declared not dischargeable.