Notice of Appearance and Request for Notice... What does it mean?

[delphinus317]

I had my 341 on 12/5/11. This was posted on my docket activity in PACER on 12/21/11 & I'm not sure exactly what it means. I had zero balance on my Old Navy card & did not include it in my CH7 BK, so I'm kind of confused as to why they're getting involved. Do they just want to be kept updated on my case or should it cause concern?

REQUEST OF RECOVERY MANAGEMENT SYSTEMS CORP. FOR SERVICE OF NOTICES PURSUANT TO FED. R. BANKR. P. 2002(g)

PLEASE TAKE NOTICE that Recovery Management Systems Corporation ("Recovery Management"), as authorized agent for GE Capital Retail Bank (OLD NAVY [Last four digit of account:XXXX]), a creditor in the above-captioned chapter 7 case, requests, pursuant to Rules 2002 and 9007 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules) and sections 102(1), 342 and 1109(b) of title 11 of the United States Code, 11 U.S.C. §§ 101, et seq. (as amended, the Bankruptcy Code), that all notices given or required to be given and all papers served or required to be served in this case be also given to and served, whether electronically or otherwise....

Thank you!

[AZNoName]

I believe you need to include all creditors in your BK, regardless of balance. If Old Navy is not notified as an included creditor, theoretically you could continue to use the card. Have you spoken to your attorney?

I included everything, included cards which were closed yet still showing on my credit report.

Do you have other creditors which were not included in the bK?

[delphinus317]

Originally, my attorney asked if I wanted to include a different card in the BK or just pay it off & keep it since it was such a small amount. I chose to include that card in the BK, but that question led me to the assumption that cards with no balances could be omitted from the BK and kept open for future use, it was my understanding that it was my choice to include it in the BK or pay it off before filing (Balance under $250) & keep it. I had other accounts with no balance that were not included in the BK, but some of those have since been closed by the creditor (I assumed because of the BK).

I have no intention of charging ANYTHING on any cards in the foreseeable future, so the choice to not include them was only based on the fact that they had zero balances. To be honest, I forgot I even had the OLD NAVY account and don't know if it's still open.

[btbeme]

Federal Bankruptcy Code requires that you list ALL creditors, period. I don't know why attorneys tell clients otherwise, or don't make this abundantly clear.

[delphinus317]

In my mind, I did include all my creditors. I didn't/don't owe Old Navy any money. But, what ramifications are there for not including an account that has a zero balance? If they're owed no money, are they still considered a creditor?

[delphinus317]

Just checked my credit report. The OLD NAVY account is closed.

[ValleYum]

GE money bank - via a Mr. Singh in Florida (IIRC) DBA Recovery Management Systems. He does this request for notice quite frequently. Our 341 was in January and he filed this in our case in February. I almost had a nervous breakdown until someone explained him to me.

So honestly, you should have no worries unless you dismiss or become an asset case... he is just asking for a copy of all the notices the court files about your BK. He did with ours (and many others) too. This way if something happens and you had funds to disperse b/c you were an asset case - he would know to file a claim on behalf of GEMB. Same goes if you got dismissed, he would know to start collection proceedings again once he received notice from the BK Court.

Happy Wednesday!!!

[delphinus317]

GE money bank - via a Mr. Singh in Florida (IIRC) DBA Recovery Management Systems. He does this request for notice quite frequently. Our 341 was in January and he filed this in our case in February. I almost had a nervous breakdown until someone explained him to me.

So honestly, you should have no worries unless you dismiss or become an asset case... he is just asking for a copy of all the notices the court files about your BK. He did with ours (and many others) too. This way if something happens and you had funds to disperse b/c you were an asset case - he would know to file a claim on behalf of GEMB. Same goes if you got dismissed, he would know to start collection proceedings again once he received notice from the BK Court.

Happy Wednesday!!!

Yes!!! Mr. Singh from Florida... That's who filed it. Considering I had a zero balance and the account is now closed, I won't worry too much about it.

Thank you!!!

[LadyInTheRed]

Federal Bankruptcy Code requires that you list ALL creditors, period. I don't know why attorneys tell clients otherwise, or don't make this abundantly clear.

Yes, you have to list all creditors. But a creditor is defined in Bankruptcy Code Section 101(10) to be an entity who has a claim. If there is no balance on the card, the issuer has no claim and therefore is not a creditor who must be listed. It still is safer to list the issuers of all credit cards you have. As the OP found out, even if you don't list the card issuer, they will probably find out about your filing and cancel your card anyway.