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

Asked on July 19, 2012 under Bankruptcy Law, Missouri

Answers:

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.


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