Filing for bankruptcy can be overwhelming. You must notify your creditors during this process. A “Sample Letter to Creditor Included in Bankruptcy” can help. It informs creditors of your bankruptcy filing.
Are you unsure how to write this letter? Don’t worry, we’ve got you covered! This article offers samples to simplify the process. These samples will help you communicate effectively with creditors.
Ready to draft your letter with confidence? Keep reading for useful templates and examples! You’ll find the perfect starting point here. Let’s make this task easier for you.
Sample Letter To Creditor Included In Bankruptcy
[Your Name]
[Your Address]
[Your City, State, Zip Code]
[Your Phone Number]
[Your Email Address]
[Date]
[Creditor Name]
[Creditor Address]
[Creditor City, State, Zip Code]
RE: Bankruptcy Notification – Account Number: [Your Account Number]
Dear [Creditor Name],
This letter is to inform you that I have filed for bankruptcy under Chapter [Chapter Number, e.g., 7 or 13] of the United States Bankruptcy Code on [Date of Filing]. The bankruptcy case number is [Your Bankruptcy Case Number] and has been filed with the United States Bankruptcy Court for the [District] District of [State].
As a result of the bankruptcy filing, the automatic stay under 11 U.S.C. § 362 is now in effect. This means that you are prohibited from taking any further action to collect any debt I owe you, including but not limited to, making collection calls, sending collection letters, or filing a lawsuit.
Please direct all future correspondence and inquiries regarding this debt to my bankruptcy attorney:
[Attorney Name]
[Law Firm Name]
[Attorney Address]
[Attorney City, State, Zip Code]
[Attorney Phone Number]
[Attorney Email Address]
You will receive official notification of the bankruptcy filing from the Bankruptcy Court. Please ensure that you file a proof of claim with the court in a timely manner to protect your rights as a creditor.
Sincerely,
[Your Name]
How to Write Sample Letter To Creditor Included In Bankruptcy
1. Subject Line: Clarity is Paramount
The subject line should be concise and unambiguous. Immediately signal the purpose of your missive. Be forthright; mention “Bankruptcy Notification” and your case number. For instance:
- Example: Subject: Bankruptcy Notification – Case No. 12345
2. Salutation: A Formal Overture
Even in bankruptcy proceedings, civility is crucial. Address the creditor formally. If you have a specific contact person, use their name. If not, opt for a general greeting.
- Specific Contact: Dear Mr. Jones,
- General Greeting: Dear Creditor,
3. Introduction: Announcing Your Bankruptcy
Clearly state that you have filed for bankruptcy. Provide the date of filing and the court where the case is pending. This section lays the groundwork for the rest of the letter.
- “Please be advised that I, [Your Name], filed for bankruptcy under Chapter [Chapter Number] on [Date] in the [Court Name] court, case number [Case Number].”
4. Automatic Stay: A Critical Reminder
Emphasize the automatic stay. This injunction, triggered upon filing, prohibits creditors from taking collection actions. Remind them of this legal safeguard.
- “As a result of this filing, an automatic stay under 11 U.S.C. § 362 is now in effect, preventing any and all collection activities.”
- Specifically mention that activities like phone calls, letters, and lawsuits are prohibited.
5. Proof of Claim: Their Recourse
Inform the creditor about their right to file a proof of claim. This is their avenue to potentially recover some of the debt. Provide instructions or direction to your trustee.
- “You have the right to file a proof of claim with the bankruptcy court. Please contact the trustee, [Trustee Name], at [Trustee Contact Information] for further instructions.”
6. Documentation: Substantiating Your Claim
Include supporting documentation. This might include a copy of your bankruptcy petition or the notice you received from the court. This provides corroboration and legitimacy.
- Attach a copy of your bankruptcy petition or the notice of filing.
7. Closing: A Courteous Conclusion
End the letter with a professional closing. Offer to provide further information, if needed. Maintain a respectful tone, even under these circumstances.
- “Sincerely,” or “Respectfully,”
- [Your Name]
- [Your Contact Information]
- Offer to provide more information; “Please do not hesitate to contact me if you require further clarification.”
Frequently Asked Questions: Sample Letter to Creditor Included in Bankruptcy
Filing for bankruptcy requires notifying your creditors. A sample letter can help ensure you provide the necessary information clearly and professionally.
Below are some frequently asked questions regarding sample letters to creditors included in a bankruptcy filing.
1. What information should a sample letter to a creditor include?
The letter should include your name, address, case number, the date of filing, the type of bankruptcy filed, and a clear statement that you have filed for bankruptcy, which triggers an automatic stay.
2. Why is it important to send a notification letter to creditors when filing for bankruptcy?
Sending a notification letter informs creditors of the bankruptcy filing and invokes the automatic stay, which prevents them from taking further collection actions against you.
3. Where can I find a reliable sample letter to a creditor for bankruptcy?
You can find sample letters online from legal websites, bankruptcy attorneys’ offices, or through resources provided by the U.S. Bankruptcy Court.
4. Can I customize the sample letter to fit my specific circumstances?
Yes, you should customize the letter to include accurate information relevant to your case and the specific creditor you are addressing.
5. Is sending a notification letter sufficient, or are there other requirements?
Sending a notification letter is a crucial step, but you must also ensure the creditor is officially listed in your bankruptcy paperwork filed with the court.
