Argh! 4 creditors not on my matrix, post-341

[chicagoannie]

So I finally received my Equifax credit report in the mail (was unable to get it online when I was preparing my schedules.) There are 4 old creditors listed that I did not include with my filing. I know I need to notify them of my filing - my 341 was on 12-16 and tt has already reported no distribution.

My questions are...whether I amend my schedules, update my creditor matrix and have the court notify them ($26 fee) or send them certified letters with my filing info, 1) does the Trustee get re-involved in the case?

2) If I do the certified letter routine, how does the Court know these creditors are to be included in the BK? One creditor is a judgment so I will need to get that vacated and I know I need to show they were included.

Thanks for your help. And, Happy Festivus - today is the day; get your poles out, hehehe!

[free2breathe]

You can send them a copy of your notice of bankruptcy filing. You are no distribution, so the chances are good they'd be considered discharged with the rest of your debts. No distribution = they wouldn't have gotten anything even if they'd been included. If it makes you feel safer, you can always file that amendment and pay the $26, but it's probably not necessary. You should send their notices return receipt requested. Of course, you're looking at about $5 each for certified/return receipt. Might be just as easy to file the amendment?

The trustee will see the amendment if you amend, but it won't change anything really (no distribution). Sending the notices yourself means the courts will not have notification. It just means that once the creditors receive the notice, they will likely not pursue collection. The judgment might be a different story. I'm not sure if just including your discharge paperwork along with the Motion to Vacate will be enough, or if you have to show that the debt was included in your bankruptcy to have that judgment vacated.

[kar]

I would amend the schedule and include them. Then there will be no question down the road that all of your creditors were included.

[SunshineGal]

We added a creditor right after our 341, it didn't cause any issues.

[chicagoannie]

Thanks, folks. I am going to amend everything, pay the $26 and file it with the court. Rather be safe than sorry down the road. I just did not want to tee off the trustee.

[tcreegan]

Hi chicagoannie,

...can't remember if you are pro-se or attorney; if you are pro-se call the BK court clerk and ask what the procedure is for adding a creditor. In some courts you have to serve the notice of admendent on everybody in the creditors matrix and the trustee ....bunch of copies and stamps besides the $26...

Not sure where in IL you are, but this is from the Northern District:

RULE 1009-1 NOTICE OF AMENDMENTS TO VOLUNTARY PETITIONS, LISTS OR SCHEDULES; NOTICE TO CREDITORS
The debtor must serve amendments to voluntary petitions, lists, or schedules under Fed. R. Bankr. P. 1009(a) on all creditors, ...and must file proof of such service with the clerk. In addition, if, after filing the petition, the debtor...adds any creditors to the schedules, the debtor must serve each such creditor, by first-class or certified mail, with a copy of the original notice of the meeting of creditors, and must file proof of such service with the clerk.

Hopefully you are somewhere else and the court will notify everyone since they already have a mailing list in the computer....

Tom in Colo

[chicagoannie]

Hi chicagoannie,

...can't remember if you are pro-se or attorney; if you are pro-se call the BK court clerk and ask what the procedure is for adding a creditor. In some courts you have to serve the notice of admendent on everybody in the creditors matrix and the trustee ....bunch of copies and stamps besides the $26...

Not sure where in IL you are, but this is from the Northern District:

RULE 1009-1 NOTICE OF AMENDMENTS TO VOLUNTARY PETITIONS, LISTS OR SCHEDULES; NOTICE TO CREDITORS
The debtor must serve amendments to voluntary petitions, lists, or schedules under Fed. R. Bankr. P. 1009(a) on all creditors, ...and must file proof of such service with the clerk. In addition, if, after filing the petition, the debtor...adds any creditors to the schedules, the debtor must serve each such creditor, by first-class or certified mail, with a copy of the original notice of the meeting of creditors, and must file proof of such service with the clerk.

Hopefully you are somewhere else and the court will notify everyone since they already have a mailing list in the computer....

Tom in Colo

Tom - thank you for finding this info - of course this is my district, so I will be doing it all. Quick question, tho....how do I file proof that I send notices 1st class mail (I do not have the money to send each creditor's notice certified) ?