I do not know how long the process takes to file a bankruptcy but I filed in March of 2010. My lawyer is now getting around to it and I am quite frankly disappointed as some correspondence she sent me in the later part of February I responded to it on 4 March 2011 and this past Saturday she sent me a letter indicating that she is still waiting for a response for the letter she sent me. I am going to turn it in tommorow as I had it copied unto my computer. Now I get a "Civil Lawsuit" questionaire from one of the Creditors who wrote off my debt as a bad debt? They have been notified that we are going to settle this matter under chapter 13? I do not know how to handle this letter do I just fill it out and be held accountable for my answers, or do I hire a civil lawsuit lawyer which will cost me money I do not have as my current lawyer does not handle civil lawsuits. I need help desperately as I unfortunately suffer from anxiety and depression. In addition creditors keep calling my home and I brought this to the attention of my lawyers office and either they ignored the request or she never did anything? I have these companies tapped on my phone's answering machine. Thanks for your help and should I maybe write the company a letter explaining the facts?

If you file for bankruptcy, you credits can't harass you by phone or mail, neither can they sue you, garnish your wages or take property from you. As part of bankruptcy, your creditors are breaking the bankruptcy laws when they try to harass you into paying them. You should report them to your attorney.

You can however send your creditors a letter explaining that you are suffering a financial hardship and are therefore filing for bankruptcy. Be sure to give them the name and telephone number of your attorney, along with the bankruptcy case number so they can contact him/her.

If the suit hasn't been filed yet, your bankruptcy will stop it from being filed. If it has been filed, don't worry too much about it because your bankruptcy started prior to them filing suit.

I'm surprised that your attorney hasn't already explained this to you.

Thanks for your information. I had an attorney call me and told me basically the same thing, but in other words. He indicated that my chapter 13 should protect me and I do not even know how to address a local attorney about what the problem or reason that the law firm is trying to file a civil suit. I am sending them a certified letter asking them to clarify their position on this matter as their letter is ambiguous and makes it hard for me to explain to a lawyer why I am being sued even after I have filed a bankruptcy?? I will wait and see what they respond. I am glad you shared this information with me and that these are tactics they use to harass individuals which is sad. My attorney did not give me any reason except to say she could only help me with my personal bankruptcy?? God bless you and people like you.

Hi, docjrfree, and welcome to WebAnswers.

Do NOT send the creditor a letter. Doing so might actually hurt your bankruptcy case.

When you filed for bankruptcy, ALL of the listed creditors were sent a notice of the filing along with a stay of any action that any of them might have been considering taking. That they might not have received the notice does not excuse them from any subsequent action taken against them.

Instead, give the information to your bankruptcy attorney and, if she has no idea what to do, you unfortunately, have a twit for an attorney, as any attempt to collect from a debtor, including filing a suit, subjects the creditor to a civil action for severe damages, something ANY bankruptcy attorney should know.

Perhaps, you need a new bankruptcy attorney, as your case should have been concluded by now.

Finally, any of your creditors should know to contact the trustee AND your attorney, NOT you.

I hope this clarifies the matter for you. Thank you for choosing WebAnswers as your source™.