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New item on docket - wrong address. How does this affect the BK?

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    New item on docket - wrong address. How does this affect the BK?

    Saw this on PACER docket today:

    BNC Certificate of Mailing (Re: 23 Notification of Returned Mail for Creditor and Request for Current Address. A Notice of Meeting of Creditors which was mailed to G M A C, PO Box 105677, Atlanta, GA 30348-5677, has been returned to the bankruptcy court due to the inability of the US Postal Service to deliver it as addressed. The Debtor is required to provide the clerk with a current mailing address for the named creditor in accordance with the attached notification.) Service Date 09/10/2009. (Admin.) (Entered: 09/11/2009)

    Does this change the discharge in any way? If you check my matrix, GMAC should have received several notices at various addresses. They have already stopped billing me. This is just one of many of their addresses.

    Questions:
    Can this be any kind of a showstopper as far as delaying my discharge?

    Does the BK attorney get notified of all of this stuff or just me? Will the BK attorney get involved in this and send them an updated address electronically or will I have to send a letter to the court myself just like it says?

    The document says:


    To: Debtor
    Debtor's Attorney
    Creditor: G M A C
    PO Box 105677
    Atlanta, GA 30348−5677

    Please be advised that the clerk's office could not notice and/or serve the above listed creditor with the following document:

    Notice of Meeting of Creditors

    because the address you submitted to the clerk's office pursuant to Local Rule 1007−2, is no longer a current and/or valid mailing address. It is your responsibility to ensure that the clerk's office is provided with correct address information in order to provide any future noticing in your case.

    YOU MUST immediately mail a copy of the Notice of Meeting of Creditors to a current and/or valid mailing address for the above listed creditor and file with the clerk's office a "Certificate of Service" which reflects the date you mailed the document and the corrected address information for the affected creditor.

    YOU MUST also file, pursuant to Local Rule 1009−1(D), a supplemental creditor matrix with the clerk which lists only those creditors with address changes [See "Clerk's Instructions for Preparing, Submitting
    and Obtaining Service Matrices" (CI−3) which is posted on the court web site.]
    NOTE: A creditor's failure to receive notice may result in the debt owed to that
    creditor not being discharged.
    Dated:9/8/09

    #2
    If you sent it to multiple addresses then you're probably okay.

    Contact your lawyer monday and ask what you need to do

    He should get a notice as well. It would not affect discharge if another valid address was successfully delivered to.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

    Comment


      #3
      Yeah, I used all of these addresses... or the lawyer put them in:

      GMAC
      PO Box 105677
      Atlanta, GA 30348-5677

      (the one that came back to them)

      GMAC
      PO Box 12699
      Glendale, AZ 85318-2699

      GMAC
      PO Box 7041
      Troy, MI 48007-7041

      GMAC
      PO Box 78234
      Phoenix, AZ 85062-8234

      I don't think when I originally supplied the info to the lawyer, that I gave him all of those addresses. He must have had some on file that he injected in there himself as part of the matrix to make sure they would be notified.

      For the GMAC mortgage for my foreclosure, there's a whole bunch of different addresses for them as well.

      Comment


        #4
        So long as one of them worked, you need not do anything. Besides, GMAC is a so-called sophisticated creditor, and gets notices from the CRAs and/or the BNC (Bankruptcy Noticing Center) every night for new cases!
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          Originally posted by justbroke View Post
          So long as one of them worked, you need not do anything. Besides, GMAC is a so-called sophisticated creditor, and gets notices from the CRAs and/or the BNC (Bankruptcy Noticing Center) every night for new cases!
          Sounds neat. I guess I'll just have to wait to hear back from my attorney's office.

          Comment

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