Who is responsible for informing a creditor that they are a party to a bankruptcy?
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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 11 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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