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Ch7 - Which address for creditors? List C/A's also? What if C/A no longer handling?

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    Ch7 - Which address for creditors? List C/A's also? What if C/A no longer handling?

    I'm filing Chapter 7 bankruptcy within the next two weeks or so. It's been a long time coming, and it's almost here.

    I'm preparing a list of my creditors for my attorney, and have two questions about this list.

    I have read about problems with people having debts discharged if they didn't list the proper creditor's address -- even if it was one of the creditor's address.

    [First Question] Which address needs to go on my Chapter 7 filing? For a creditcard, I have an address listed on their website, a corporate address, a payment address, a correspondence address, an address listed on my credit report, and I'm not sure which to use.

    I have debts that were placed (not sold just assigned) with a collection agency. Some of those debts are still with a collection agency, but most of them "timed out" and were referred back to the original creditor.

    [Second Question] If a debt is still owned by the original creditor, and has been placed with a collection agency to assist in collecting, do I list both the original creditor and the collection agency on my Chapter 7 filing?

    [Third Question] If a collection agency referred my account back to the original creditor due to receiving no response from me for a long time, and that collection agency says they're no longer handling my account, do I list them in my Chapter 7 filing or omit them?
    Filed: 03/31/08 341: 05/15/08 Discharge: 07/15/08
    Do yourself a favor. Check everything I say with a bankruptcy attorney. Most attorneys will even provide a free initial consultation. In fact, it's your life, so check everything anyone says (including your attorney) for yourself!

    #2
    I personally listed every address I had for all creditors and collections agencies.
    Filed Ch. 7 June 14, 2007
    341 Meeting July 19, 2007
    Discharged September 17, 2007
    Closed September 17, 2007

    Comment


      #3
      Ditto Cassiopeia, list *everything*. Original creditors, collection agencies past and present, multiple addresses for the same entity, EVERYTHING. Even if you happen to miss an address, if it were ever contested in the future you would be able to make the argument of good faith effort, evidenced by listing all five addresses you have for this creditor. If you somehow missed a sixth, that will be hard for them to fight. Most large creditors are notified electronically anyway (they enroll in a system with the courts specifically for that purpose) so with larger creditors it's a moot point anyway. But list EVERYTHING you have, just the same.

      If you look for my post on the following thread, it should give you further information:

      Good luck!!!
      Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

      Comment


        #4
        Best place to get an address for your major creditors is off your credit report....... but also list any others that you might show for that creditor. Then you've covered all your bases. This would also include any collection agencies that now have your accounts.

        Don't leave ANYBODY out..............
        Minny

        "It's amazing the paths that our feet sometimes follow in life".

        My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

        Comment

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