notice of bankruptcy paperwork

[blum1176]

i received my notice of bankruptcy paperwork, i dont need to send this out to my creditors do i? the court has my creditors matrix in order for them to send out info? or am i reading his wrong? do I need to send this out to all of my creditors? I think i was confusing this with the statement of intention.(my head is all forms and schedules).

let me just get this clear in my head... Statement of intention is for SECURED creditors. ie my car loan and lease on our duplex.
am i correct that this is all i will need to send to creditors?

[justbroke]

Notice of Bankruptcy is served by the Clerk via the Bankruptcy Noticing Center to all creditors that were on your Mailing Matrix when you initially filed. (Just look at the certificate of service from the BNC and you should notice all the creditors listed.)

Your Statement of Intentions must be served by you, the debtor, on all secured creditors -- or parties in interest -- that are listed on the Statement of Intentions. You need to serve this on the Panel Trustee and UST as well.

[blum1176]

in the nolo book it states that someone other than myself or my spouse has to mail off the statement of intention... i havent found this anywhere in local rules...is this common?

[justbroke]

Don't quote me, but the Statement of Intentions, according the the FRBP doesn't specify that it needs to be served in accordance with FRBP 7004 or FRBP 9014. FRBP 7004 is specific to service of summons and complaints, where you, as a party to the case, can't serve it yourself (a co-debtor spouse can't serve it either). Also, FRBP 9014 deals with contested matters and tells you to use FRBP 7004.

As for service of things like the Statement of Intentions and other notices, I don't see any specific rule. I have been serving uncontested matters (and non-AP/complaint matters) myself... since Rule 7004 and 9014 don't apply. You can call your Case Manager with a "procedural question" which would be "procedurally, can a party to the bankruptcy serve the statement of intentions themselves or does it need to be a non-party?"

[trigabyte1]

You can call your Case Manager with a "procedural question" which would be "procedurally, can a party to the bankruptcy serve the statement of intentions themselves or does it need to be a non-party?"

JB's absolutely right. I ran into the same thing. It appears that the NOLO book is written from the perspective of a West Coast attorney. From what I've read, it appears the local rules out there require disinterested party service. Local rules in my E Coast district didn't require.

I originally sent an email to my case manager. After three or four days I got an email back from the judge's clerk, explaining that no local rule applied... of course with the usual statement that employees of the court can't give legal advice.