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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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My fiance filed for his own bankruptcy without a lawyer, he

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My fiance filed for his own bankruptcy without a lawyer, he amended schedules f & e and sent them in, now they are saying they need a certificate of service. Is he doing this form to support the amended forms or is this to be sent to the individual debtors? He only has 4 things listed as debts, and he was under the impression that the court sent notices to the debtors after he filed the matrix.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 3 years ago.

Hi Customer.

The Certificate of Service (aka Affidavit of Service) is a notarized statement that the amended schedules were sent to the creditors. The Bankruptcy court sends the schedules to the creditors that are on the matrix that was filed with the petition, and the debtor has to send amended schedules to any creditors that may be affected by them. This usually means sending the Amended Schedule E to any creditors that were added to that Schedule, and an Amended Schedule F to any creditors that were added to that Schedule.

Customer: replied 3 years ago.
When he ammended the schedules, he did not add anyone, all he did was take the information from the matrix that he had filed and put it on the schedule. So, does he have to send this to everyone? Was no one ever notified by the court because even though they were on the matrix, they were not on the schedules?
Expert:  cfortunato replied 3 years ago.

Are you saying that the creditors on the matrix were not listed on the Schedules that were filed with the petition?

Customer: replied 3 years ago.
That is correct.
Expert:  cfortunato replied 3 years ago.

The court did send the "Notice of Chapter 7 Bankruptcy Filing" to the creditors on the matrix. This is the only thing that is sent to creditors. If the creditor wants to see the Schedules, they have to get them from the court's website. Until the Schedules are amended, they are missing relevant information.

When he fills out the Amended Schedules, he has to add the information from the matrix in addition to 1) the type of debt, 2) date incurred 3) amount owed 4) last 4 numbers of account number. None of this additional information is on the matrix.

Customer: replied 3 years ago.
So, does he just file that with the amended schedules to the court, or is it sent to the creditors?
Expert:  cfortunato replied 3 years ago.
You asked, "does he just file that with the amended schedules...". By the word "that", did you mean the Certificate of Mailing?
Customer: replied 3 years ago.
The certificate of service.....
Expert:  cfortunato replied 3 years ago.

Yes - the Certificate of Service gets filed with the Bankruptcy court clerk along with the Amended Schedules.

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
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