Should I be worried about this?

[Dennis1971]

We have already filed a chapter 7 bk. We had our 341 last Wednesday and the judge ruled us a no asset case and said if everything goes OK then we will be discharged in 60 days.
We thought everything was OK until we got a phone call tonight from BOA. They were calling about our missed payment. I am sure I contacted them already about the bk. I asked the lady on the phone if they were aware that I had filed bk, she said they had no idea. She asked me why they hadn't been contacted about this. She was snippy and not a happy camper.
Surely wouldn't the attorney or court have notified them by now? I know the creditors can object up until the end, is this very likely?
By the way, this was a $32,000 line of credit that we took out this past September. We made every payment up until April. We discussed with them that we had a lot of CC debt and we were using this loan to consolidate our CC debt. There were no luxury items or cash advances, it all was put on bills. They knew up front we were in CC trouble and were trying to get out. They probably feel like they are the one that got caught holding the hot potato. IF they do fight it and win what would the judge do? Would we have to pay them back the full amount or would the other CC's that we transferred on this have to take the debt back?
I am afraid now that they will fight it stating that they weren't notified.
One year before this I took out a 401k loan for $22,500, it also was used entirely on bills. There is no way I can afford both of these loan payments. I wouldn't be the least bit afraid to stand before the judge and tell under oath that this was not fraudulent, no way did we plan on filing bk.
And one last thing, right after our 341 I received a promotion at work, I got a $3-4 hr. raise. Will this cause a problem, by any chance would they want to see more of our bank statements?
Thanks Dennis

[AngelinaCatHub]

Dennis: Do you know how to use PACER? It costs 8 cents a page download and you may do that or print it. Look for your Mail out, called Matrix. They should be on there if not, then you either did not list them, or it is not your fault. As far as the 401K, you just bought a lot of IRS debt if you don’t pay yourself back. Anything else I think you are pretty well off. They have 60 days to protest or put themselves into the system. You are better off than many. ‘Hub

[Dennis1971]

I will call the attorney in the morning and find out if they are on the Matrix. I've got the paperwork from the 341 and it has them listed on it.
As far as the 401k go's, I have no choice to pay it back with 9% interest to myself. I've even tried to get them to lower the payment, but they won't, against company policy.
Thanks for the reply,
Dennis

[Tabbygirl]

I will call the attorney in the morning and find out if they are on the Matrix. I've got the paperwork from the 341 and it has them listed on it.

From what I understand, if they were notified, you're fine--if they choose not to use the information, then that's THEIR problem, not yours. Seriously.

[soleprop]

and just for clarification for us noobs, when you submit the matrix, who is it exactly that notifies the creditors? it is my understanding that the bk court clerks do this, but i'd like confirmation.

[FreshLikeADaisy]

Dear Soleprop Noob , you're right: the court notifies everyone on the creditor matrix, either by U.S. Mail or electronically (if that creditor has signed up for electronic notification).

When you file, keep an eye out on PACER for the BNC Certificate of Notification. If you open up the doc, it will tell you exactly who was notified by mail, who was notified electronically, and when.

And yes, Dennis, Tabby is right: if the creditor was notified and you can see this on your BNC certficate when it is posted, it's their tough luck. They cannot claim ignorance as a defense against violating the automatic stay. Be aware that some do try. That's why the Certificate of Notification is actually posted to the case: so filers can take appropriate action against a creditor who willfully violates the stay, and there is legal proof of exactly who was notified and when.

Good luck!!!

[Priceless ProSe]

From what I understand you do not need to worry terribly either way. In a no asset case even if the creditor was not notified the debt is disharged, unless, had the creditor known about the case they could have objected to either thier debt being discharged or the case as a whole.

For example, you didnt notify best buy about your BK and you owe them 200 bucks, post BK they have no recourse because even if they had known about it, it was a no asset case so they would have gotten nothing.

Example 2, say you paid off 20k in student loans with a CC, and then didnt include that CC in your matrix because you knew if they found out you might have some problems. The BK goes thru to discharge and the CC company finds out after the fact. They can now have the case reopened on the grounds that if they had known they could have objected/fraud/whatever.

I guess the question you need to ask yourself is, did I leave them out on purpose? and , do they have anything against me? (that is to say might they be able to object for reasons other than being left off of the creditor matrix). If the answer to both of these is no, then I dont think you should worry. Most people would say ammend your matrix to be safe, but I personally dont think they could reopen your case just for being left off of the matrix.

DOesnt a 401k loan repay back into your own money?

[Dennis1971]

Most people would say ammend your matrix to be safe, but I personally dont think they could reopen your case just for being left off of the matrix.

Doesn't a K loan repay back into your own money?

Yes my 401K loan is putting money back into my own account, its just aggravating I paid $22,500 on CC's, then a little while later I am filing bk.
We found out they were included in the matrix, it must have been an internal communication failure.

Thanks Dennis