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A.J.
A.J., Attorney
Category: Bankruptcy Law
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Experience:  Experienced consumer bankruptcy attorney.
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I have filed pro se for Chapter 7 bankruptcy. I recently received

Resolved Question:

I have filed pro se for Chapter 7 bankruptcy. I recently received a request for service of notices pursuant to rule 2002(g) from a debt collector that I did not include on my matrix. I also did not include the original creditor on the matrix. The reason the creditor is not on my matrix is my credit report lists the account as "paid, closed/never late." My question is three-fold:

1. Why did I get this notice from a collector on an account that is closed and was paid off?
2. Do I need to send the collector the Notice of Commencement of Case?
3. Assuming I do need to send the Notice of Commencement of Case, is there anything else I need to do in response to the request for notice?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  A.J. replied 1 year ago.

SavyLawyer :

Hello, and thank you for using Just Answer. My name isXXXXX am a bankruptcy law professional, and I look forward to answering your question this afternoon.

SavyLawyer :

Generally, no, creditors who previously held a debt but the debt has been paid do not need to be placed on the creditor matrix or served notice of commencement of the case. It may be that this creditor would claim that there is still a debt owed, but if the debtor is confident that the debt has been paid (and that is how the creditor is reporting the debt to a credit reporting agency), then they generally do not need to be served.

SavyLawyer :

Now, there may not be any harm in serving them notice of commencement of the case, as they can already access the fact that bankruptcy was filed (otherwise, they would not be asking for the notice). As such, even without the notice, they could theoretically file a claim on assets in the bankruptcy estate (if there is anything) just like any other creditor could. In addition to serving notice of commencement of the case, you would also serve the section 341 hearing notice.

A.J., Attorney
Category: Bankruptcy Law
Satisfied Customers: 4275
Experience: Experienced consumer bankruptcy attorney.
A.J. and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
I understand what you are saying as the general rule. However, since this creditor has filed a request for notice with the court does that change your answer?
Expert:  A.J. replied 1 year ago.
If the request was filed with the court, then service of notice of commencement and the 341 hearing are probably prudent. Ultimately, it really should not change anything, because they are not a creditor of yours, but a former creditor, but serving notice of commencement of the case, and a 341 hearing notice, should not cause a problem. If you believe that they have proof that a debt might be owed, it would be worth amending the Schedule F - creditors holding unsecured non-priority claims, to make sure that the debt is discharged if it is out there (theoretically it is discharged anyway, even if it is accidentally left off, but this is still an open question of federal bankruptcy law, so better safe than sorry).

So, ultimately, if the creditor has filed said request with the court, it doesn't hurt to serve the notices just to be on the safe side.
A.J., Attorney
Category: Bankruptcy Law
Satisfied Customers: 4275
Experience: Experienced consumer bankruptcy attorney.
A.J. and 3 other Bankruptcy Law Specialists are ready to help you

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