Amend Creditors List?

[MrSmithster]

I just had my 341 meeting last Tuesday. All went well. In reviewing why one Creditor claims they have not recieved notice, I made a mistake on my Account Number for that Creditor on my Schedule F form. My Trustee seemed to think it was no big deal as they know, but I would like everything discharged completly hassle free. He said I could file an amendent (his assitant added, "if you want to throw away $26"). So do i amend, or just forget it. I have sent mutiple letters of notice to 3 different addresses of this Creditor with the correct acct #, and when i called the Creditor today, they said there is a note on my acct thats its flaged as filed for BK, but i also got another statement/bill in the mail today showing Im 3 months late. I have emails from them saying thanks for notifying them of the BK filing. So Im a little worried they might somehow say that since the acct # was wrong, this acct isnt dismissed or something like that. I dont want to get burned by a simple typo.

[dingdong]

If you have emails stating they were notified and they were listed on your matrix, you are fine.

You will be throwing 26.00 away.

They have been noticed and properly listed.

If you are worried, just send them a copy of your filing and case number to their address, but since they have personally informed you they were noticed, they were noticed.

Save the email, though- JIC.

I had several old debts, that I couln't find the account number for and just listed the creditor and partial account number that was on my CR, and all were discharged w/o problem.

[justbroke]

I just had my 341 meeting last Tuesday. All went well. In reviewing why one Creditor claims they have not recieved notice, I made a mistake on my Account Number for that Creditor on my Schedule F form. My Trustee seemed to think it was no big deal as they know, but I would like everything discharged completly hassle free. He said I could file an amendent (his assitant added, "if you want to throw away $26").

Your Trustee is absolutely correct. The creditor receives your FULL AND COMPLETE social security number as well as your full name and address on the notice. The account number is totally irrelevant! (I sent only 1 notice to American Express for 6 accounts! They used my SSN to correlate!). Yes, they are technically "notified".

So do i amend, or just forget it. I have sent mutiple letters of notice to 3 different addresses of this Creditor with the correct acct #, and when i called the Creditor today, they said there is a note on my acct thats its flaged as filed for BK, but i also got another statement/bill in the mail today showing Im 3 months late. I have emails from them saying thanks for notifying them of the BK filing. So Im a little worried they might somehow say that since the acct # was wrong, this acct isnt dismissed or something like that. I dont want to get burned by a simple typo.

It's no longer your problem. They have been notified. They acknowledged the notification. If they are a "sophisticated" creditor, that receives BK notifications through the BNC or other subscription (BNC is Bankruptcy Notification Center), then they are passively notified, but still the same.... notified!

I wouldn't waste my money ($26) to update a creditor for an account number. There is nothing in the Bankruptcy Code that requires the "account number be perfect" when submitting the forms. As a point of fact, the "procedure" (not code) says to only include the last four digits anyhow. Most of mine were "wrong" -- because I used my credit report which has a "mock" account number.

I would do this, however. Call them, and ask for the correct address to mail the notice. Then send the notice certified mail return receipt (CMRR) and keep this in your documentation. In this notice, I'd include the "notice of bankruptcy" as well as a letter telling them that they are in contempt of court and in violation of the automatic stay. Let them know that any further "attempts to collect on this debt" will be met with a "Motion for Rule to Show Cause" where they will come before the Court to "explain why they shouldn't be held in contempt, sanctioned and ordered to pay actual and punitive damages". (Yes, I actually sent a similar letter to a creditor who wouldn't back off. I received a very cordial letter apologizing to the fulles extent, from a Senior Vice President from the company.)

[MrSmithster]

Thanks!

Thanks for the replies. I will do as you advise in sending out a letter as discribed. Thanks for your help.

[justbroke]

Thanks for the replies. I will do as you advise in sending out a letter as discribed. Thanks for your help.

Once you send that notice and receive the return receipt... be sure to keep that all safe in a folder. I would also print out the e-mail message indicating the same (that they know you filed). I would put that in the folder too.

Then, if they send you another bill... POUNCE! Your very next thing you type will be a Motion for Rule to Show Cause and for Sanctions! Your exhibits will be the return receipt, the letter you sent, and their acknowledgment by e-mail. You will certainly get your point across then.