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    notifying creditors and landlord

    I am filing pro se in a couple of days and seem to have read somewhere that in addition to providing the creditor matrix for the court to notify creditors, that I may have to notify some creditors (secured?) on my own. must I send out the page where I say whether I am reaffierming something or not?

    is this correct?

    also, what do I have to provide my landlord in terms of notice?

    Thanks.

    #2
    That is not correct. When you file your petition (the FIRST submission of it), you do not need to notify (serve) it on anyone. The Court will automatically serve the "Notice of Bankruptcy" to everyone on your mailing matrix. You are required to make sure all your creditors are (at least) on your mailing matrix and also to ensure that they are all on one of the Schedules (D, E, F, etc.).

    When you make a CHANGE to your filing (petition/schedules), then you are required to "serve" it upon all the affected creditors on the mailing matrix... depending on what it is.

    Re-affirmation is an entirely different thing.

    Do you at least have the NoLo Book?
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      thanks justbroke,

      yes, I have NOLO. I think that's where I read it.

      Only reaffirming one vehicle. DO I send the reaffirmation page to volkswagen credit if we are reaffirming? If we are not reaffirming our mortgage, do we send citi the page saying we are not reaffirming?

      Comment


        #4
        Originally posted by poorold View Post
        Only reaffirming one vehicle. DO I send the reaffirmation page to volkswagen credit if we are reaffirming? If we are not reaffirming our mortgage, do we send citi the page saying we are not reaffirming?
        Generally speaking, the lender/creditor sends their own Re-affirmation agreement. You wait for them to send it to you. If you informed Citi, via your Statement of Intentions that you are not re-affirming, then that is sufficient as they were duly notified.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          So I do send my statement of intentions to every secured creditor?

          Comment


            #6
            Originally posted by poorold View Post
            So I do send my statement of intentions to every secured creditor?
            No. The court sends out a package to every creditor on your creditor's matrix. This is why you want to make sure every creditor is listed. This notification is part of your filing fee!
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment


              #7
              Notify

              I did send out notices. The trustee's assistant advised sending copys to my listed creditors, even though she didnt believe its necessary. I did it just to make sure. I sent to more than one address for each creditor. I also emailed docs showing them as listed creditors and called also, if anything goes wrong, others can just call their atty., we cant do that, so, again, i just did this extra step to be totaly sure they were notified. I received notice from all my creditors except one. They claim to have not received notice, but when i call, they always say it shows as a BK flagged acct. I sent them a nice notice advising they were in contempt of court(advise i received here, Thanks People!). they have since stopped trying to collect/contact me. If you dont have a lease in force, just month to month, you dont need to notify your landlord. In my opinion, the less your landlord knows the better(sorry to any landlords). Im glad i did mine myself, although i did use someone to prepare the paper work, but i filed downtown and did my 341 meeting alone. In my 341, i didnt see one lawyer doing anything to really aid the filer, other than put them at ease mentally,(for most people, it will be the first and last time they ever see their lawyer). Just show up early for your 341, or go a few days ahead to observe. By the time they call you, you will be ready as they ask mostly the same questions over and over. Plus, you can see what pisses off the Trustee off. My Trustee seemed to give us Pro Se filers an easier time in questioning. Not sure if he liked the fact we didnt spend the cash on a lawyer or just pity or maybe our cases were just simpler.

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