help! changing your creditors after you have filed

[mars]

hello all. 1st let me thank all you guys for all the great info! its been a life saver so far.

im filing pro se , in Florida. and as i was calling all the creditors to make sure they got all my info (341, ect.) it turned out that some of them that i had put on my unsecured debts schedule and creditor matrix were not the owners of the debt anymore. they had sold/transferred it to another collection agency.

and from talking to the clerk at the bankruptcy building, the courts having my acct number, creditor at the time, and amount isn't good enough. they need to have updated forms, and i have to send a copy of my 341 notice to whoever has my acct at this time. i thought once the court had my basic info, if a creditor sold my acct to another at the last moment and i didn't know about it, it would still be discharged. but i guess that's not the case.

so my questions are whats the best way to make sure i have all the updated creditor info i need. ive been using the company and address on my latest collection agency bill. should i just get a new credit report? how do i know that its the latest info? how do i know the collection agency wont sell the acct at the last minute, and then my debt cant be discharged? ive also been calling what ever was the last creditor that had my acct and making sure they got my 341 and bankruptcy info.

once i do find out who is the latest creditor to have my debt, then what amended forms do i need to submit to the courts?

[MrSmithster]

I think you need to amend your schedule F form. I did this myself when i filed Pro Se and needed to correct contact address on one of my creditors that was claiming no notice was given prior to 341.(i had filed using an old address that was no longer in service) I amended about 2 weeks after my 341 and it showed on Pacer within a few days. You will need to get forms B-1008(i think it includes a PROOF OF SERVICE form, if not you need that also) and schedule F. Fill out the new schedule F exactly as when you filed, except correct or add creditor info. File amendment form along with new F(pay the $26), file along with the proof of service showing you notifed your Trustee and creditors, along with a service list showing who you notified. You can get the forms online(except the service list). I converted them from PDF to word docs so they can be saved. I have examples of mine if you would like to see how i did it, i could email them to you. Remember to send out copys of the new amended F along with your orginal 341 notice to your new or changed creditors(i sent out 3 notices. 1 wk apart, us tto be sure. i also called and emailed confirming notice received). As far as your other questions, i dont know the answers, but if you do find out who it was sold to, this is what you have to file to amend.

[MrSmithster]

Forgot to mention, of course you will also notify/send your Trustee amendment/new F, as he/she will be on your service list along with creditor. If you do file to amend to add new creditor, be sure to not remove the old creditor that you say sold the acct, list both/all.

[mars]

thanks for replying mrsmith. did you file in fl? im not sure i need the b1008/service list forms here. when i talked to a court person a while back she said i didn't need any special form for the "proof of service" just me stating i served them a notice on paper would be okay. just to make sure though ill give them a call tom.

im glad to see you can do it after the 341 meeting! i was scared they would throw out my case if i didnt have the creditors perfect in time for it. which is of course super aggravating! some of these creditors have tons of addresses. which one is the right one to send it too.

i called all my creditors today and only a couple had actually got the 341 notice. i filed for bk on may 27th. and to top it off 3 of my citi cards have no creditor as of today! i call the collection agency's that i have the last bills from, they tell me they don't have the debt any more, they gave it back to citi and to ask them about it. so i call citi, they tell me they don't have the debt anymore. they gave it to a new collection agency. finally i call them and they don't have any records yet of my debts!! so who the heck do i send the 341 too? what do i put on the updated schedule?

its driving me crazy! i just hope that all the creditors wont sell off/give away the debts at the last minute and make it seem that everything i filled out is wrong, and my case gets thrown out!

sorry for the rant. thanks again!

[MrSmithster]

im in so cal. the court clerk advised me to file proof of service just to be sure(im extra careful cuz of Pro Se filing, i dont want any hang ups), but it does change with different courts. i would add all the collection accts along with the citi accts. this used to be a common scam they used but a law was changed a few years back stopping this practice of constantly selling/changing collection agencies. i think once your bk is closed, they can no longer collect, even if they were not notified(as long as original creditor was), but that doesnt stop them from trying. there are some sample letters to send to creditors on this site that explain to them they are in contempt of court. i had to send one out, see below...


Notice of Bankruptcy
To: First Command Bank
From: XXXXX E. Smith
Address: XXXXX Walnut St. XXXXX, CA 907XX
Account #: 63XXX
S.S #: 548-XX-XXXX
Case #: 2:09-bk-XXXX-BR




I have sent numerous letters of notice of Bankruptcy filing by First Class mail. I have also emailed notice and did receive a reply conformation notice from First Command thanking me for such notice yet I am still receiving attempts for payment in the form of bills/statements being mailed to me.
Please be advised you are in contempt of court and in violation of the automatic stay issued at the time of filing. After filing, if any further attempts to collect from the debtor are issued, a filing of a "Motion for Rule to Show Cause" can be filed with the Court/Trustee. First Command will be asked to come before the Court to explain why you shouldn't be held in contempt, sanctioned and ordered to pay actual and punitive damages.
Please direct further correspondence to either the U.S Bankruptcy Court or the Office of the Trustee of the United States, David X. XXXXXX Wilshire Blvd. Los Angeles, CA 90025, Ph # 310 481-XXXX.


Thank you for your cooperation,
XXXXX E. Smith
5-19-2009

[MrSmithster]

if you need to amend, you will need form B-1008, see link

http://forms.lp.findlaw.com/form/courtforms/fed/cir/c9/b/cacb/cacb000039.pdf

[MrSmithster]

the prior link is for calif. , not sure how fl. handles it