When a customer claims to have filed bankruptcy, but you have received no notification from the court, who has the burden of proof?

Q. (cont.) Can you continue to attempt to collect until the customer produces documentation? Are you required to immediately cease contact until you can verify the status with the court?

A. In the absence of notification, normal collection activities would be appropriate, but if you are concerned, check with your attorney. Notification comes from the court; however, courts can sometimes be slow about it. What you can do is ask the customer two questions:

1) Where did you file, i.e., in which district court?
2) Who is your attorney?

Then you can contact the attorney and the court for confirmation. Those are the steps to take.

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