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Personally Notifying Secured Creditors ??

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    Personally Notifying Secured Creditors ??

    I read in the "Bankruptcy FAQ" that the law requires that I personally notify secured creditors of my filing bk7 prior to the court notifying them. Is this still the case or does the notification through the US FED BK Court suffice? and/or does this only relate to reaffirmations?

    #2
    Where did you read that...

    In any event, that is not true, the BK court systems sends out the BK notices.

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      #3
      I filed bk last last year. Can I personally notify a creditor who is still trying to send me bills since December?

      I don't think they were on my matrix, I forgot

      Comment


        #4
        Originally posted by nojusticehere View Post
        I read in the "Bankruptcy FAQ" that the law requires that I personally notify secured creditors of my filing bk7 prior to the court notifying them. Is this still the case or does the notification through the US FED BK Court suffice? and/or does this only relate to reaffirmations?
        I read this under "Bankruptcy FAQ", then "Steps that occur in Chapter 7 or Chapter 13 Bankuptcy".

        It's good to know that I don't have to do this since I haven't.

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          #5
          Originally posted by twuoo View Post
          I filed bk last last year. Can I personally notify a creditor who is still trying to send me bills since December?

          I don't think they were on my matrix, I forgot
          If they werent listed you probably still owe the debt

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            #6
            Originally posted by twuoo View Post
            I filed bk last last year. Can I personally notify a creditor who is still trying to send me bills since December?

            I don't think they were on my matrix, I forgot
            Whether you owe the debt or not depends on the case law in your bk district.

            If you had listed the creditor and the debt would have been discharged, then most courts consider the forgotten creditor's debt as wiped out as well.

            You need to ask your lawyer how to handle this situation. Good luck - be sure to let us know how it turns out, ok?
            I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

            06/01/06 - Filed Ch 13
            06/28/06 - 341 Meeting
            07/18/06 - Confirmation Hearing - not confirmed, 3 objections
            10/05/06 - Hearing to resolve 2 trustee objections
            01/24/07 - Judge dismisses mortgage company objection
            09/27/07 - Confirmed at last!
            06/10/11 - Trustee confirms all payments made
            08/10/11 - DISCHARGED !

            10/02/11 - CASE CLOSED
            Countdown: 60 months paid, 0 months to go

            Comment


              #7
              Originally posted by twuoo View Post
              I filed bk last last year. Can I personally notify a creditor who is still trying to send me bills since December?

              I don't think they were on my matrix, I forgot
              Depending on where you live, the debt may be forgiven anyway.
              Try sending a copy of your bankruptcy Discharge notice to them.
              <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
              FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

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                #8
                Originally posted by twuoo View Post
                I filed bk last last year. Can I personally notify a creditor who is still trying to send me bills since December?

                I don't think they were on my matrix, I forgot
                Were they left off the matrix and the Schedule that would have listed your debt with them? Most likely your Schedule F, which is for unsecured creditors? Often trustees compare the matrix they are given to your Schedules to make sure everyone's listed on your matrix that you owe money to, but I'm sure this is missed sometimes or even completely in some districts.

                An important factor may wind up being whether you were declared a no-asset case. That is, if the Trustee declared there were no assets they were going to seize and sell to create funds to pay creditors. A creditor left off a matrix has a stronger objection to having their debt considered cancelled if they were left out of the "getting something" payments from the Trustee. Most Chapter 7's are declared no-asset cases, however.

                I agree with discussing this with an attorney. It shouldn't hurt to send your bankruptcy paperwork to the creditor and seeing if they will voluntarily go away, they might decide it's not worth fighting if it's not a large value.
                Last edited by phoenyx; 02-19-2008, 09:33 PM.
                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!

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