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    Notifying Creditors


    #2
    If the creditor was on your matrix when you filed, then the debt is included. You need not contact every creditor yourself. If they call or send you a letter/statement, then instruct the creditor to contact your attorney, and you could send a copy of your BK filing/auotmatic stay to the creditor. Either way, don't do everyone else's job. ;-)
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

    Comment


      #3
      Thanks for the fast reply.

      I guess I'm just worried that something will get missed. My attorney doesn't seem to move fast enough for my taste, so I tend to take matters into my own hands. On the positive side, this may prevent the creditors from posting new debt entries to my credit report.

      Comment


        #4
        And if you're calling the regular Customer Service number, that may be why the Reps you're speaking to don't know.

        Most Creditors, CC's, have a perferred contact method or address. Many are contacted electronically thru the Court's ECF system. The Clerk of the Court also mails out letters of notice too.

        Once you file BK, your accts get moved from regular Customer Service, to the BK Dept. BK Dept staff are specially trained to deal with customers. There are things they can and cannot say and do with your acct once you file.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment


          #5
          Originally posted by AllHosedUp View Post
          I filed my Chapter 13 around the end of December and am awaiting notification of my confirmation hearing. The problem is that I’m not sure how many creditors my wife had. (She had a pile of cards I knew nothing about and had billing done at a school address) I ran credit reports against both of our names (community property state) and recovered what I hope is all of my wife’s credit cards. I’ve given this information to my attorney, and he said he would notify the creditors in writing. I waited about two weeks and began calling all of the creditors I knew about to verify they received the notice. Most didn’t seem to know. (I’m hoping that their internal communications is just not up to par) I gave them case # and attorney contact info. There are a few creditors that I haven’t managed to contact yet.

          My concern is that I may miss notifying a creditor and have the debt not be included in the bankruptcy. Should this be a concern?

          If you receive a bill from a creditor, then there is a chance they were not notified. Your wife must make sure she brings you any bill she gets at her alternate addresses. As much as a person combs over the papers, there is always a chance something will be missed. (I missed a gas card and I kept getting bills...finally got pissed off and wrote a nice letter to them about violating the automatic stay. I looked at my schedules before mailing the letter and found that it was not on the matrix of creditors...so I sent them the 10 bucks I owed them and closed the account.)

          Since your in a Chapter 13, it is very necessary each creditor gets included!!
          Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
          Plan Confirmation 6/16/06 :yahoo:
          Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

          Comment


            #6
            "Since your in a Chapter 13, it is very necessary each creditor gets included!!"

            That's what I'm afraid of. My attorney got the case started with the information I could provide him at the time. I've discovered new debts and passed the new information on to him as he said that we can add them with no problem. I take it the ability to add them ends at our confirmation hearing?

            Comment


              #7
              Originally posted by AllHosedUp View Post
              "Since your in a Chapter 13, it is very necessary each creditor gets included!!"

              That's what I'm afraid of. My attorney got the case started with the information I could provide him at the time. I've discovered new debts and passed the new information on to him as he said that we can add them with no problem. I take it the ability to add them ends at our confirmation hearing?
              If you have a pacer account, you can verify that the attorney has in fact added the creditors. You are the one with everything to lose, so checking up on your attorney wouldn't be a bad idea. I am not sure what the deadline to add creditors is, but the longer you wait, the longer it might be for confirmation and the period of time the creditors are allowed to object.
              Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
              Plan Confirmation 6/16/06 :yahoo:
              Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

              Comment


                #8
                i have an excessive amount of cards on my chapter 13 but attorney ran a bunch of credit reports and they are all listed. The court notifies the creditors............i really didn't and don't need to do a thing but show up at the meeting .........my lawyer has all the copies of everything that the trustee would want and he is handling that. but then again he is charging us $2,800 added into plan .....

                believe me, no one moves fast enough period. i am the same way. i like to get things to someone before trouble. is the way i am.

                Comment

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