Bankruptcy Information Page 2
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Lawsuits
Bankruptcy will stop nearly all lawsuits against you but only after your bankruptcy is filed and the court is notified in writing that you have filed bankruptcy. You must provide the attorney with complete information about all lawsuits you are involved in, including copies of any court papers.
It is possible that during or even after the bankruptcy one or more of your creditors may file a lawsuit against you. You must get the papers to the attorney immediately to protect your rights. A delay may cause you to waive (lose) a defense to the lawsuit called discharge in bankruptcy. Please pick up any certified mail you get because it might be a lawsuit.
You will not have to go to court for these lawsuits unless the attorney tells you to go. However, bankruptcy will not stop criminal, traffic, divorce, or support cases and you must go to court on those.
Garnishments
Bankruptcy will stop garnishments against you, but only after your employer is notified in writing about the bankruptcy. Note: the money already garnished cannot be refunded.
How Your Bills Are Notified About Your Bankruptcy
Within two (2) or three (3) weeks after your bankruptcy is filed, the bankruptcy court sends a court order to all your creditors ordering them to stop any type of collection and to notify them (and you) about your court date. Our office does not notify your creditors about the bankruptcy except where there is a lawsuit or where you have a secured bill (for example: car, house and furniture) that you want to keep and pay for, or surrender.
Bankruptcy Hearings and Continuances
In most cases you will have only one (1) hearing for your bankruptcy. The hearing will be held in downtown Indianapolis and will be held four (4) to six (6) weeks after your case is filed. You will receive notice of the hearing about two (2) to four (4) weeks before the hearing date and you must attend this hearing or your bankruptcy may be dismissed. If husband and wife both file, both must attend. If you so not attend your scheduled hearing and the attorney must obtain a continuance for you, there will be an extra charge for your rescheduled hearing. Please do not bring children to any hearings that you must attend. In most cases, your hearing will be rescheduled to another date if your children are with you and this will result in the extra charge. Please dress appropriately. Please Note: All fees due are to be paid by the original hearing date regardless of whether the hearing is continued or not.
