Notice of appearance and creditor request for notice

[fastcars69]

jUST RECIEVED NOTICE OF APPEARANCE AND CREDITOR REQUEST FOR NOTICE IN THE MAIL. hAVE BEEN IN CHPTER 13 FOR 5 MONTHS. wHAT IS THIS? ANY HELP GREATLY APPRECIATED.

[frogger]

It is exactly what it states. It is a request for notices, and the wording "notice of appearance and creditor request for notice" is the standard terms on the ECF site that the creditor used for the notice. By submitting this, whoever submitted it gets copies of all of your information sent to them, including your discharge or dismissal.

Here's my redacted copy in order that you know what the creditor filed:


IN THE UNITED STATES BANKRUPTCY COURT
FOR THE SOUTHERN DISTRICT OF xxxxx

REFERENCE:


Debtor(s) § Chapter: 13

REQUEST FOR NOTICE UNDER BANKRUPTCY RULE 2002

PLEASE TAKE NOTICE THAT xxxxxxxxxx, hereby gives notice as follows:

Pursuant to 11 U.S.C. §342(f)(1), xxxxxxxxxxxxxxx hereby requests that:

(i) all notices given or required to be given in the case; and
(ii) all pleadings and correspondence served or required to be served in this case, regarding xxxxxxxxxxxxx should be directed to xxxxxxxxxxxxxxxxxxx at the following mailing address effective immediately:

xxxxxxxxx
xxxxxxxxxx Street
xxxxxxxxxxxxx

Electronic notification by the bncedi noticingcenter to xxxxxx may be used in lieu of notifications being mailed.

This request encompasses all notices, copies and pleadings referred to in Rules 2002, 9007 or 9008 of the
Bankruptcy Rules, including, without limitation, notices of any Orders, Motions, Demands, Complaints, Petitions, Pleadings, Requests, Applications, Schedules, Statements, Plans, and any other documents brought before this court in this case, whether formal or informal, written or oral, or transmitted or conveyed by mail, delivery, telephone, telecopier, telex, or otherwise which affects or seeks to affect the above case.

Respectfully submitted,

/s/ xxxxxxxx
xxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxx
xxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxx
ecf notices to: xxxxxxxxxx

Since you are in Chapter 13, did you omit/not list any creditors? If so, and the date to submit claims has passed, then the creditor did not have a chance to participate if not listed. Therefore, you are going to owe it upon your bankruptcy dismissing/discharging, with statute of limitations extended by however long you're under bankruptcy.

Check it out, find who the creditor is, and you may want for your attorney to amend your filing. Otherwise, you're stuck.

[fastcars69]

No this was filed by my Mortgage co. They were not a creditor. I filed seperately even though i am married. I incurred the debt myself. We are still paying monthly mortgage and have never missed or been late on a payment. So am I right in thinking they are just asking for information as it becomes available?

[keepsmiling]

How could your mortgage company NOT be a creditor?
You must list ALL of your creditors whether or not they are current.

[frogger]

No this was filed by my Mortgage co. They were not a creditor. I filed seperately even though i am married. I incurred the debt myself. We are still paying monthly mortgage and have never missed or been late on a payment. So am I right in thinking they are just asking for information as it becomes available?

More than likely, they updated their files and pulled another credit report on you, which showed the bk filing.

If you are on the mortgage, you MUST list them (as was just pointed out). You are correct in your assumption that they want the information, and they want it all.

Hard to believe you did not include your mortgage when you filed bk..........

[fastcars69]

I apologize. They were listed as a creditor but jointly. They are not part of the unsecured debt that was the reason I filed. All the unsecured debt was mine and incurred by me alone. They must just want to be notified.