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    Capital One Credit Cards

    I filed Ch 7 pro se last month. Today, I get in the mail a letter from Capital One saying something like this, "We hear you are filing bankruptcy. Please have your lawyer (or you if not represented) send a copy of your notice of bankruptcy to us at this address: blah blah blah. If we do not hear from you within 30 days we will assume you did not file bankruptcy."

    What is this? I did not TELL them I was filing, they must have received notice from the court. Why then are they asking me to send notice to this separate address or they will "assume I am not filing."???

    Should I send a copy of the bankruptcy notice to the address they provided or is this just junk?

    #2
    I don't know what that is. Did you get their address correct on your Creditor Matrix? Just send them another Notice of Bankruptcy (the same form in PACER, with the same name).

    While it is "junk" -- as they are obviously notified -- sending them the notice again at the new address, you can have it noted that you notified them. If they keep pestering you, you would be able to file for Sanctions.
    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


      #3
      Creditors can designate which address they require the BK notice to be sent. In many districts (most districts), for major creditors like CAP ONE, they have designated a specific addresss and you must use that address on your creditor matrix.

      All they asking for is a copy of the 341 notice. Just send it to them on your own and file a proof of service.

      Comment


        #4
        I found in my creditor matrix the court had been notified of "preferred" addresses for some of my creditors. The funny thing is, they were the ones who continued to play dumb and violate the automatic stay all the way to the end when I finally changed my cell phone number.

        As HHM said just send your notice to them. I would also send a copy of the creditor matrix so they know they are included. Check with the bk court and see if you can put that "preferred" address in the matrix.
        12/05/08 - filed pro se
        01/27/09 - case dismissed and closed - 02/24/09 - case reopened and dismissal vacated
        04/01/09 - new 341 scheduled
        6/02/09 - DISCHARGED!!!

        Comment


          #5
          I went ahead and made a copy of the Bankruptcy Notice and mailed it to them myself. I'll file proof with the court of mailing. THANKS!

          Comment


            #6
            I filed 2 days ago, Central CA, Santa Barbara. I had done a credit check on myself and used the address's off of the credit score sheet for the mailing matrix list. I also mailed out an additional Notice of Filing to all of my creditors at a secondary address, usually the one where I had mailed any of my bills when I could pay them. I know it might be overkill, but it' s better to have done too many than to have not done enough. I used the format from the Nolo chapter 7 book, page 220. One good thing about doing the second set of mailings myself is I realized I had an account # wrong on my court paperwork, so that now I can file an ammendment for Schedule F.
            08/ 3/09 - Filed Chapter 7 IN PRO SE, Central CA
            09/21/09-341 Meeting, 10/28/09-Financial Mgt class
            11/02/09 - Filed Form B23, may close on 11/20/09
            12/03/09 - Received Notice of Discharge of Debtor

            Comment


              #7
              yep, i had to amend my F also. was very easy. get the amendment form and attached changed F but be sure to keep all your originally listed creditors. send out 341 notice again to this creditor showing new acct # and your amendment on your new F, and file a proof of service when you file your change with the court($26 fee to amend). mine showed on Pacer within 2 days. i also over notified, sending multiple notices to every address i had. i also emailed and called. good luck

              Comment

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