What if you can't find correct addresses for creditors?

[wirelessdog]

I have two creditors I cannot locate addresses for.

First is a judgment from 2001 from another individual. I cannot locate any good address for her.

Second is a credit card company that has been bought out apparently twice and they are returning mail.

What happens with these being in the Creditor Matrix?

[MarkCantaur]

You do the very best you can.

You take the addresses from the very latest statements you have, and include any addresses you get when you call up your three credit reports. Once you have your creditor list made up, submit it.

You are not responsible if the debt is sold after you have submitted your list with your paperwork.

[Flamingo]

It should be easy to find the address for the credit card company just via a web search. Search the original company and you should be able to find information by checking the news or other resources that pop up. Visit the website for the most current company that did the purchase/buy out and that website should have a listing of all addresses where to send payments, inquiries and should also list a bankruptcy address. If not, call their corporate headquarters main line and ask.

[wirelessdog]

Did that, found the address and they are returning the notices.

[MarkCantaur]

Send them back again, certified with return receipt. Even if they refuse to sign for the item, keep that, along with your post office receipt in your BK file.

[wirelessdog]

Ahh, whats been returned are the notices the court has sent them and then I receive the notification from the court. I can fulfill my obligation by sending the same on my own?

Any ideas on the judgment creditor? I've tried google, facebook, whitepages, etc. I can't seem to figure out where the disappeared to. For all I know, they could be deceased.

What happens in this instance if certain creditors are never served?

[justbroke]

Ahh, whats been returned are the notices the court has sent them and then I receive the notification from the court. I can fulfill my obligation by sending the same on my own?

In fact, the rules are that you are in fact responsible for ensuring delivery of notices that have been "returned". The BNC uses the debtor's name and address -- or his/her attorney -- as the return address. This is specifically so that the debtor can ensure delivery.

Any ideas on the judgment creditor? I've tried google, facebook, whitepages, etc. I can't seem to figure out where the disappeared to. For all I know, they could be deceased.

You send to the last known good address.

What happens in this instance if certain creditors are never served?

Then they have a defense if they violate the automatic stay, unless they have "constructive" notice.

As for refusal to accept, MarkCantaur provides good advice.

[OhioFiler]

Ahh, whats been returned are the notices the court has sent them and then I receive the notification from the court. I can fulfill my obligation by sending the same on my own?

Any ideas on the judgment creditor? I've tried google, facebook, whitepages, etc. I can't seem to figure out where the disappeared to. For all I know, they could be deceased.

What happens in this instance if certain creditors are never served?

So you were aware of the 341 meeting schedule before Wednesday.

[wirelessdog]

Ok, so I don't need to worry about the debt being discharged because they haven't received notice? These are old debts I haven't heard about in years so I seriously doubt there is anything I need to worry about with the Automatic Stay.

[AngelinaCatHub]

Ok, so I don't need to worry about the debt being discharged because they haven't received notice? These are old debts I haven't heard about in years so I seriously doubt there is anything I need to worry about with the Automatic Stay.

Some of your debt may be out of date by Statute of Limitations. Here is your State's SOL. http://www.statuteoflimitations.net/...imitations.htm

You may have a problem with the Judgment though. You might check Public Records as to the filing and return address on the Judgment. When recorded they usually put the return address to mail the original back. It's worth a try.

Most unsecured debt is voided even if you failed to list them. A good faith attempt is your defense if they attempt an Adversary Procedure. 'Hub

[justbroke]

Ok, so I don't need to worry about the debt being discharged because they haven't received notice? These are old debts I haven't heard about in years so I seriously doubt there is anything I need to worry about with the Automatic Stay.

This is the not-so-fun part about filing bankruptcy pro se... zombie debt! They may actually attempt collection in the future, and you will just need to dun them and keep track of the dunning. Then, if it persists after a "reasonable" request to tell them to cease, you can file to re-open your case and issue an order to show cause for violation of the permanent discharge injunction.

As stated, a bankruptcy discharge relieves the debtor from all debt that arose prior to the filing (with certain exceptions listed in 11 USC 523). However, if your case is an asset case, this will not be true since the creditor was unable to participate in any distribution from the Trustee.

[wirelessdog]

This is a chapter 7 no asset so thats is good. It is also comforting to know If I forgot about some debt that isn't on my credit report nobody can collect after discharge. Thanks, that was the information I needed.

[justbroke]

This is a chapter 7 no asset so thats is good. It is also comforting to know If I forgot about some debt that isn't on my credit report nobody can collect after discharge. Thanks, that was the information I needed.

So long as the debt isn't otherwise non-dischargeable (11 USC 523). Additionally, if you did not notice them on your schedules, you may still need to pay $260 to re-open your case and amend your schedules to have the debt included in the discharge. (This varies by District as to whether re-opening a case for the sole purpose of adding an omitted creditor is allowed.)

So, yes they can attempt to collect because they didn't have actual or constructive notice. Whether the debt was actually discharged is pretty much settled law in a no-asset Chapter 7 case. How to deal with post-discharge collection issues is addressed in many many threads on this forum. It is likely that the zombie debt will creep back up if you failed to notice all creditors.

[SweetGeorgia]

JB is right - the law is pretty settled. It's still a good idea to save yourself possible future grief and make your best effort to get everyone notified. For the judgment-holder, use the address they put on the lawsuit. It is her responsibility to keep her address updated with the court if she wants to receive court-related correspondence. The court record will have a record if she changed her address WRT this case. Heck, print out your Google and Facebook results. They can't say you didn't try!

For the credit card company, Maryland has a business database online under Department of Assessments and Taxation (I googled a little, in my state it's Department of State). You can find the corporation's registered agent and use that address. We had to do that with one old bill.

Good luck! It sounds like you are doing the right thing, but don't lose too much sleep over it.

[tobee43]

when one files usually they use a copy of their current credit reports from all three reporting agencies. most times those reports will give a telephone number, account number and most times even a location of a creditor. i would have your reports sent to you asap...take info from them. although, remember they are NOT always accurate 100% of the time as we all know, however, it is a way to see who and how and what they are reporting.