who notifies the creditors of ch7?

[luckynucky]

What is the name of your state?tx
Do a ch 7 filer has to notify all his credotrs about filing or it's court's responsibility to notify all creditors? Is it ok if filer on his own write letters to each creditor to notify them with case number?

Next question, can the ch 7 filer apply for credit and also charge the credit cards that were not included in the bk right after the filing? or She will have to wait till the case is discharged?

[Ladynred]

The BK court will notify all creditors on your matrix of your filing. There is NO reason for you to write letters of your own.

can the ch 7 filer apply for credit and also charge the credit cards that were not included in the bk right after the filing? or She will have to wait till the case is discharged?

You're looking to charge up a card already ?? DO NOT USE ANY CREDIT CARDS - and ALL of your cards are supposed to be included in your bankruptcy unless they had a zero balance when you filed. No balance = no debt to discharge. To even expect to use a credit card right after you file is foolish. Its more than likely that even if you owed the creditor nothing when you filed, the card will be closed by the creditor when they see the bankruptcy on your credit reports. Very few creditors will leave an account open any more - too much of a risk.

Sounds to me like the filer isn't going to learn the lesson of bankruptcy and responsibility if the filer is worrying about charging up more debt

[AttorneyOney]

Originally Posted by Ladynred

The BK court will notify all creditors on your matrix of your filing. There is NO reason for you to write letters of your own.

There actually CAN be a reason sometimes -- if a foreclosure or repossession is in the offing, or if a creditor is about to get a capias because of repeated defaults in court, a letter from the attorney (or a pro se debtor) can stop that action in its tracks. Plus, it will lay the groundwork for a 362(h) action if there's a violation of the stay subsequent to the notice.