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Former Clients

Here are a few reminders for you now that your the attorney-client relationship is over.

1. Always keep a copy of your bankruptcy petition, notice of commencements, and discharge order in your personal file.
2. You are free to reinstate former accounts, but do not be forced to pay them. Any payments are voluntary. Many debtors continue to pay their doctors, past due utilities or other essentials.
3. If you did not reaffirm the debt, the secured creditors may take the vehicle, RV or other collateral secured by the loan—even if you are current on the debt.
4. If you did reaffirm the debt, but have since defaulted, the lender can repossess the collateral and hold you responsible for any deficiency balance after sale of the collateral.
5. You can file a chapter 13 after filing a chapter 7. Doing so will stop wage garnishments, foreclosures and repossessions.
6. If you surrendered your real estate (home) in the bankruptcy, you have at least 180 days after the sheriff's sale to reside in the home. Some larger parcels of real estate allow owners 365 days to reside in the home after the sheriff’s sale.
7. The Court closes your case only if the debts are discharged, AND the trustee files a NO ASSET REPORT. You will not get a copy of the no asset report. However if you do receive a letter from the trustee, it usually relates to an asset he is trying to collect.
8. CO-DEBTORS such as your spouse, child or parent are not relieved of their duty to pay the debt. The bankruptcy discharge does not apply to co-debtors.
9. If a former creditor is attempting to collect a discharged debt, show them the discharge order and schedules. These indicate that the creditor was notified of your bankruptcy, and the debt was forgiven.
10. The discharge order indicates which type of debts are not forgiven. Read it.
11. If you have lost your file, mail a cashiers check to the National Archive Center for $35.00. Allow about two to four weeks for the file to be mailed.

    National Archives & Records
    Court Reference Unit
    7358 S. Pulaski Road
    Chicago, IL 60629-5834

    1-773-948-9000