Who is responsible for informing a creditor that they are a party to a bankruptcy?

Asked on July 19, 2012 under Bankruptcy Law, Missouri


Terence Fenelon / Law Offices of Terence Fenelon

Answered 8 years ago | Contributor

upon the filing of a bankruptcy petition, the clerk of the bankruptcy court will send out a notice of commencement of case to all credirors listed in the schedules.  If a creditor is not properly listed, or there is an incorrect address, the creditor will not be bound by the automatic stay until informed of the filing .  Sometimes, collection companies are omitted, or the original creditor if the matter has already gone to collection.  It is imperative that ALL parties be notified.

If a creditor is still harassing you, you can contact them directly and give them the case #, date of filing, and place of filing.  That would constitute actual notice.  You must, however, amend your schedules to include the creditor in future proceedings.  The amendment might entail a fee based upon local rules.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.