How to Notify Creditors myself

[TNlady]

Hi Everyone! Noob here so be gentle!

I filed my BK petition and schedules and silly me did not send my mailing matrix off with the packet. I just spoke with a lady at my local court and she advised to send it and gave me my case number BUT she said that they will not notify them of the case since it is being filed subsequent to the rest of my paperwork (DARNIT!) So Basically it now falls on me to notify them. She did say that I will get notice but when I asked further questions she got squirmy - not wanting to give legal advice.

So my plan is to wait for my notice, make copies of it and send regular mail to everyone on my mailing matrix. The only issue here is that I wouldn't be able to prove I sent it like I would if I sent it certified, is this a problem? Should I call about a week later to confirm they received?

Also, My mailing matrix includes myself (per local rules PDF) and my creditors. I read somewhere that I should include a few other entities such as the IRS regardless of whether or not they are a debtor. Can anyone attest to this? If so, who else do I need to include?

Thanks in advance for any help!

[TNlady]

No one?

[tobee43]

my understanding and some of the great pro se'ers will chime is, that after you have done the initial filings with the court including your petition listing all your creditors. the court clerk will then send out a notice to your creditors that states that you have filed bankruptcy, and it will include all of the information you have provided with respect to your creditors.

just make certain you are as extremely accurate a possible when listing account numbers and most importantly, addresses. as if someone is NOT notified on the list that can come back to bite you down the road.

hopefully one of our mods Justbroke a master in pro se filing will verify this information and elaborate in more detail for you.

[justbroke]

Also, My mailing matrix includes myself (per local rules PDF) and my creditors. I read somewhere that I should include a few other entities such as the IRS regardless of whether or not they are a debtor. Can anyone attest to this? If so, who else do I need to include?

This is District specific. In Florida, they automatically notify the IRS, Florida Department of Law Enforcement, your Local (County) Tax Collector, and the Florida Department of Children Youth and Families for any child support issues.

If the Clerk tells you that YOU need to service the creditors, then you do in fact need to not only serve them the Notice of Bankruptcy, but you must also file a Certificate of Service with the Court indicating as much.

Why are you waiting for notice? You should and absolutely MUST have PACER access as a Pro Se litigant! You should pull the Notice of Bankruptcy directly from the Docket.

[LadyInTheRed]

Not only should you have a Pacer account, but you should know where to find the Federal Rules of Bankruptcy Procedure (http://www.law.cornell.edu/rules/frbp) and your local court rules. Here's the federal rule on notice to creditors: http://www.law.cornell.edu/rules/frbp/rule_2002 There may also be a local rule on the topic.

[TNlady]

I was waiting on my pacer account info to be mailed to me, I was weary of adding my debit card because we live paycheck to paycheck and I'm fearful that they would debit the account when it is low. However it seems more important to get access ASAP now so I will add my debit card info so I can get access tonight.

Thank you so much for your responses! I'm sure I'll have more questions down the line. I live on an army base and even had an attorney on base look over my papers before I sent them in. Wish I would've gotten on here and asked you guys instead because he never notified me that I was missing my matrix and gave me a false sense of security. He was essentially clueless.

[Pjmax]

TNlady, you can accrue up to $15 in charges in a quarter before you will be charged. It doesn't have to cost you anything if you keep your searches under control and watch your account. Also, anything you want to print (like a copy of your notice), don't print from Pacer. Download it to your computer so you'll have a copy of it, and then you can print as much as you need.

[TNlady]

Thats a great plan pjmax, Honestly Pacer scares the crap out of me from what I have read. I feel like I will press the wrong button and be charged $100 for it - but maybe I will feel more comfortable once I get the hang of the interface.

[Pjmax]

Now that I reread what I typed, not sure if I said it right.

You will not be charged in any quarter if your accrued charges are less than $15 for that quarter.

Hope that is a bit clearer.

[tobee43]

best of luck TNllady, i'm sure you'll do fine! keep us posted on your progress!

[TNlady]

Okay so I got on Pacer and am a lot less scared of it now!

Sent off the notice to all my creditors and a certificate of service to the clerk's office. Would you recommend calling my trustee's office for a list of documents they require and their deadlines next?

[justbroke]

Okay so I got on Pacer and am a lot less scared of it now!

Sent off the notice to all my creditors and a certificate of service to the clerk's office. Would you recommend calling my trustee's office for a list of documents they require and their deadlines next?

Yes you should have already checked your Trustee's website and/or called their office for document required PRIOR to the 341 Meeting. I'm assuming you filed Chapter 7.

Please make sure you follow the PACER "suggestions". That includes downloading and SAVING every document that you view. That way, you don't have to pay for them. Also, you should immediately sign up for the Bankruptcy Noticing Center (BNC) so that you can get Electronic Bankruptcy Notices (EBNs) sent directly to your email! In that way, you don't need to pay to see a document that has been served on you (unless you go in PACER and pull it up).

http://ebn.uscourts.gov/register/link_works.adp

**NOTE** If you are not filing a Chapter 13, then the whole EBN may be a total waste of time... unless your Chapter 7 is going to last some time due to it being an Asset case or other litigation.

[TNlady]

Sorry for any confusion I guess I should've given you more info.

I filed ch 7, its a no asset case. My 341 meeting is still a month out. My trustee has a website but there is nothing for the trustee side of her work, only info for her as a BK lawyer. I intend to call tomorrow.

I did save all of the docs I viewed on Pacer so I don't have to open them again and notated the date of last filing for future reference. It should be a pretty simple case, do you think EBN would be a waste then?

[justbroke]

I don't think EBN will be necessary in your case. Sounds pretty cut and dry. Yes, I'd contact the Trustee's office to see what they require. They typically send out something in the mail asking for certain documents (like up to date payroll stubs, last 3 years of tax returns, copies of bank statements, copies of the title to homes/cars, etc).

[TNlady]

I called my trustee's office and followed their request which was: Email 4 years tax returns and 6 months of pay statements to them and U.S. Trustee.

I plan on printing out bank statements, credit card statements, etc etc and taking them to my 341 meeting even though they didn't ask for them - just in case.