when sending an email to a bankruptcy attorney what info should i send

Can I contact the debtor listed on my bankruptcy notice?

Each email containing a court notice or order will be formatted as follows: A subject header containing the BNC email serial number and your DeBN account number. The serial number increases each time you are sent an email notice in order to help you determine that you have received all of your emails.

What should I write in my email to my attorney?

Oct 16, 2018 · The most common way that creditors find out about the bankruptcy filing is from a letter directly from the Clerk of the United States Bankruptcy Court. All creditors listed in your bankruptcy schedules will receive notice of the filing. The form of the letter is known as a B-9A and it contains all kinds of detailed information about the filing.

Can I send an email to my attorney?

Dec 17, 2015 · Yes. Most creditors will start sending the statements again if your attorney sends a letter promising not to count the statements as a violation of the automatic stay. I send these letters out for my Minnesota bankruptcy clients on a daily basis. It is important to me that all of my clients know exactly what is happening in their cases.

Will the bankruptcy court send me a notice of support obligation?

Jun 18, 2020 · Send the email to your attorney only. The attorney-client privilege only protects confidential communication between you and your attorney that is related to their legal representation of you. If you include anyone else in the conversation, the things you say in the email (or that the attorney says in reply) likely won't be considered privileged.

What happens if you leave a creditor off your filing?

If you leave a creditor off your filing, they will not be bound by the discharge. Having said that, if they do receive notice, they should immediately stop harassing you. If you are having problems with a particular creditor, notify your attorney.

What is a B-9A?

All creditors listed in your bankruptcy schedules will receive notice of the filing. The form of the letter is known as a B-9A and it contains all kinds of detailed information about the filing. It lists the debtor, the debtor’s address, and the last four digits of the Social Security number.

Can a debtor wait for letters from creditors?

Sometimes, the debtor may not want to wait for letters from the court to reach creditors. According to long time Chicago bankruptcy lawyer David Siegel: In some situations, you don’t want to wait for the clerk to notify your creditors but you want to have your attorney send an Automatic Stay to the creditor in advance of receiving notice from ...

Does a bankruptcy case have a case number?

It names the attorney for the debtor as well as the address and the phone number. Of course it has the case number. It has the jurisdiction in which the case was filed and most importantly, it has the trustee as well as the date, time and location of the Meeting of Creditors.

Can a creditor collect on a debt after bankruptcy?

He or she has the ability to send additional notices and motion to take that creditor before the bankruptcy court for sanctions. Creditors are prohibited from attempting to collect on debts once they receive notice that a bankruptcy case has been filed.

Why do lenders stop sending statements after bankruptcy?

THE REASON LENDERS STOP SENDING THE STATEMENTS AFTER BANKRUPTCY. When someone files for Chapter 7 bankruptcy or Chapter 13 bankruptcy, there is an injunction called the automatic stay which goes into place immediately. The automatic stay is an injunction which says that no one can take any sort of action to collect a debt from the debtor.

What does automatic stay mean?

Remember, the automatic stay says that they cannot take “any act” to collect a debt. Sending the normal billing statement counts as an act, so they are very careful about sending them.

Can creditors send statements again?

Yes. Most creditors will start sending the statements again if your attorney sends a letter promising not to count the statements as a violation of the automatic stay. I send these letters out for my Minnesota bankruptcy clients on a daily basis.

Can I pay a loan without a coupon?

You can pay loans even without the coupon that comes in the monthly statement. You should write the loan number in the memo field of your check, and mail it to the payment address for the lender.

Should I pay my bills after filing bankruptcy?

Sometimes things like utility and insurance payments will be stopped by your bank. For reasons like this, I do not recommend having any bills on automatic payment.

Can you keep your mortgage after filing bankruptcy?

Most people who file for bankruptcy choose to keep their mortgages and car loans outside of the bankruptcy, but these lenders stop sending the normal monthly billing statements when the bankruptcy is filed.

What does it mean when your partner isn't considered the attorney's client?

However, if your partner isn't considered the attorney's client, this might mean that advice is no longer considered privileged. If you need to involve other people in a legal matter, your attorney can advise you on what to tell them and how so that your attorney-client privilege is preserved.

What does it mean when you have an email account that someone can access?

If you have an email account that others can access, that access could mean that any emails back and forth between you and your attorney are no longer privileged. This also applies to work email addresses, even if you're the owner of the company, if it's possible for anyone else to access your email account.

What is attorney-client privilege?

The attorney-client privilege only protects confidential communication between you and your attorney that is related to their legal representation of you. If you include anyone else in the conversation, the things you say in the email (or that the attorney says in reply) likely won't be considered privileged.

What is privileged communication?

In the American legal system, communications between an attorney and their client in connection with the attorney providing legal assistance to the client are considered "privileged.". This means anything you write to your attorney (or your attorney writes to you) in the context of their representation of you is confidential.

Is it privileged to ask for legal advice?

Make your request for legal advice clear and specific. Not every conversation you with an attorney is considered privileged, even if you're writing to an attorney you've specifically hired to represent you in a legal matter. The privilege only applies when you solicit legal advice.

Do attorneys have to add a disclaimer to their emails?

Many attorneys add a disclaimer to the "signature" block of their emails stating that the material in their emails is subject to attorney-client privilege. However, these disclaimers don't provide blanket protection.

Should I put sensitive information in writing?

Generally, it's best not to put the most sensitive information in writing. For example, if you're in the middle of a contentious divorce and you want to get your attorney's advice on damaging information you've learned about your spouse, meet with them in person rather than writing the information in an email.

When is bankruptcy appropriate?

Here is when bankruptcy is appropriate — when you don’t have a legitimate chance of paying off your debts any other way. When you are trapped in a never-ending cycle of high-interest rates, late fees, and you have no way out.

How to get rid of a deb?

Your five options include: Filing bankruptcy, particularly Chapter 7 bankruptcy which can wipe out all of your deb including the lawsuit; Fight the lawsuit on your own with the goal to win it which has excellent consequences for you; Settle the lawsuit on your own ; Hi re a lawyer to fight the lawsuit to win it; and.

Is bankruptcy a valid option?

Bankruptcy can be a valid option if you have no other viable options. Bankruptcy is extreme. In the right circumstance, it is extremely effective. But when it is not necessary it is like cutting off your arm because you broke your pinky finger. I guess it works, but it is way too much of an over-reaction.

Can a collector sue you for a second cousin?

In this case, it is a lawsuit filed by a collection lawyer. Assume no collector or creditor can sue you because a second cousin’s ex-wife told you that’s the law; Hope it will all just go away and you won’t have to do anything. Start to investigate your options so you can discover which option is best for you.

How often can you file for bankruptcy?

However, there are certain rules that allow you to eliminate tax debts if they are at least 3 years old. 11. You can only file for bankruptcy once. The truth is, you can file for Chapter 7 bankruptcy only once every eight years. For Chapter 13 reorganization, you can file more often than that.

How much does it cost to file for bankruptcy?

The money for filing fees is used to pay the operating costs of the court. The filing fee for Chapter 7 bankruptcy is $335. The filing fee for Chapter 13 bankruptcy is $310. Normally, these fees are paid at the time you file your papers.

How long does it take to get discharged from Chapter 7?

You are only able to receive a discharge in a chapter 7 bankruptcy after eight (8) years have passed since the commencement of the last case in which you received a discharge. You generally can file another chapter 13 case sooner (usually 4 years) if the need arises.

What is the meaning of Chapter 7 in New York?

New York Bankruptcy Means Test. If you would like to file a Chapter 7 bankruptcy you must pass the New York means test. The test only applies to higher income filers which means that if your income is below the New York median for your household size you are exempt from the test and may file a Chapter 7.

What is repossession of a car?

With a vehicle, it is referred to as repossession . With a home, it is a foreclosure action. By reaffirming the debt, you are essentially promising the lender that the debt will not be discharged in bankruptcy. It involves entering into a new contract with the creditor for the remaining amount due.

How long does bankruptcy stay on your credit report?

Filing for bankruptcy will improve my credit rating because all those debts will be gone. Unlike other negatives, which stay on your report for seven years, bankruptcy can be there for 10 years, but you can obtain a mortgage as short as 2 years after filing. 10. You can't get rid of back taxes through bankruptcy.

What happens if you wait months to consolidate debt?

If, after months of waiting, the company is not able to help you, you will be left with all of the debt plus months of interest and/or late fees. Plus, you probably paid good money to the debt consolidation service. More often than not, the fees are more excessive for less relief than a discharge in a bankruptcy.

Why do I get notified of bankruptcy?

You are being notified of their bankruptcy because it may affect your rights with respect to the cosigned debt. Depending upon the type of debt and the debtor’s intentions, it may also mean that you are going to be solely responsible for the debt. Read more here about what to know before cosigning a loan.

What is the bankruptcy petition?

The bankruptcy petition should disclose whether the debtor intends to cancel the lease or contract, or accept (maintain) it. YOU MAY BE OWED A DOMESTIC SUPPORT OBLIGATION BY THE DEBTOR – When a debtor files for bankruptcy, they are required to disclose anyone to whom they owe a “domestic support obligation”.

What is a creditor in bankruptcy?

Keep in mind that the term “creditor” in bankruptcy includes potential and unliquidated claims, and is not confined to a precise debt. A common example of an individual receiving a corporate bankruptcy notice is if you had purchased a gift card from a company that filed for bankruptcy. You are a creditor for the amount of the gift card.

Can you contact a debtor about a bankruptcy?

Regardless, you are prohibited from contacting the Debtor with respect to the debt. Because Debtors are required to disclose all of their debts, even family members who provided personal loans will receive a bankruptcy notice (assuming this information was disclosed to the attorney).

Who receives notice of commencement?

When a bankruptcy case is filed, the Clerk of Bankruptcy Court mails a notice of commencement to the Debtor (bankrupt), the Debtor’s attorney, the creditors of the Debtor, as well as other “parties in interest”. With the proliferation of corporate bankruptcies, and expected increase in the number of municipal bankruptcy filings, it will not be uncommon for people who do not consider themselves as traditional creditors (such as banks and credit card companies) or parties in interest to receive a notice of commencement from a bankruptcy court. The question becomes, “ [w]hy did I receive it, and what do I need to do (if anything)?” Hopefully this blog can be of some assistance.

Can a bankruptcy trustee accept a contract?

It also allows the debtor or the bankruptcy trustee to accept (continue) the contract or lease.

Can you file for bankruptcy if you are a landlord?

If you are a landlord of the debtor, or someone who provides ongoing services to the debtor -such as a gym, lawn maintenance service, or homeowner’s association – you may receive a bankruptcy notice.

What to include in email closing?

People tend to skim long emails, so only include essential information. Closing: Sign off with a brief "Thank you," "Best," or another simple send-off, and then your name. Most email accounts let you embed a signature with your name, title, and contact information into every email.

Who is Alison Doyle?

Alison Doyle is the job search expert for The Balance Careers, and one of the industry's most highly-regarded job search and career experts. Read The Balance's editorial policies. Alison Doyle. Updated June 26, 2020. Whether you’re looking for work, making new networking connections, or simply trying to excel at your current job, ...

Is it okay to use slang in emails?

While slang, emoticons, and textspeak are usually OK when you’re email ing close friends , they won’t fly in work correspondence. 1  It’s important to know how clean up your communications when you need to.