Question: If I file bankruptcy I want to know if I should tell my creditors. Do I need to write to the people to whom I owe money?
I know that I need to file and I’ve been putting it off. I actually make good money as a chef in a restaurant but since my divorce, a bad investment and some plastic surgery I got, I can’t comfortably pay my bills. Most people would say I make great money, but when I split up with my wife because she cheated with my daughter’s softball coach and made a bad investment in a restaurant in Atlanta, things have been bad.
I started using credit cards for everything. I paid my rent with the cards; I always bought food with the cards; I made my BMW and Corvette payments with my credit cards. I pretty much put every purchase on the cards.
Not only that, but I did take some loans out. I borrowed from Bank of America, Regions Bank, Sun Trust and an old girlfriend from Forsyth County. They loaned me money because my credit score was high, something like over 800.
I’m looking for a fresh start and I want to find out that if I live in Alpharetta and I need to file bankruptcy, should I write to my creditors?
J.B. in Alpharetta, GA
Answer: You do not need to write to your creditors to inform them that you plan to file bankruptcy. As bankruptcy attorneys, when we file bankruptcy for a client, we provide all creditors with written notice that we have filed. The bankruptcy law provides that we, the bankruptcy attorneys, must do that. So each of your creditors will be formally notified in writing that you have filed for bankruptcy.
In fact, you don’t ever have to contact your creditors again. And they are forbidden by law from ever contacting you. Once the filing is complete, they cannot call you, write to you, file a lawsuit against you, or garnish your wages or bank account.
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