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Order granting relief from automatic stay but there is more to this story

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    Order granting relief from automatic stay but there is more to this story

    Hello,

    341 done...no asset..no reaffirming of the 1st nor the 2nd mortgage. Received a letter from the US Bankruptcy Court in Florida stating that the Motion for Relief from Automatic Stay was granted to Chase. However attached to this letter was another letter stating that the United States Postal Service determined that the address for JPMorgan Chase Bank, National Association was undeliverable. The US Bankruptcy Court also mentions that the dischargeability of a debt may be affected if a creditor, in this case Chase, fails to receive certain notices. My lawyer is out of town until Wednesday and I don't know what to make of this... Am I responsible for an undeliverable notice to Chase? Can the US court delay or stop my discharge? Any advise on this matter before I see my lawyer will be helpful..


    Thanks

    #2
    That is my understanding as well. You must serve creditors which is part of the purpose for submitting a list of creditors and mailing matrix. A couple of tips that helped me.

    1.) Make sure you are using the same address listed on any correspondence received from Chase in the 90 days prior to filing.
    2.) Get a copy of your credit report even if you have to pay a few bucks. Combing through your credit report will jog your memory on every creditor you owe (or potentially owe) money to. Their correct mailing address will be listed in the credit report as well.

    Comment


      #3
      But if Chase never received anything about the OP's bankruptcy filing - how could they know of the need to file for relief from stay?
      ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
      Not an attorney - just an opinionated woman.

      Comment


        #4
        Originally posted by ValleYum View Post
        But if Chase never received anything about the OP's bankruptcy filing - how could they know of the need to file for relief from stay?
        ValleYum,

        The only notice that Chase has not received due to the undeliverable address is the notice from the US Bankruptcy Court stating that their motion for relief from stay was granted.

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          #5
          Originally posted by capamando View Post
          ValleYum,

          The only notice that Chase has not received due to the undeliverable address is the notice from the US Bankruptcy Court stating that their motion for relief from stay was granted.
          I see. That's just odd about the notice being undeliverable then.
          ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
          Not an attorney - just an opinionated woman.

          Comment


            #6
            The problem is this. The mailing matrix has the wrong address. That is not Chase's fault. The Clerk uses the address on the mailing matrix and many times the addresses on the credit reports are old or bogus!

            If you're asking if your debt will be discharged, it will! Chase has "constructive" knowledge since they actually filed a motion for relief from stay! Your discharge will not be affected.
            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


              #7
              Justbroke,

              Thanks...that gives some peace of mind

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