Notice To Creditors

Notice to bankruptcy creditors

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the “Act”) contains a provision that allows creditors to receive prompt notice of a bankruptcy proceeding under Chapters 7 and 13. The notice requirement applies to Chapter 7 and Chapter 13 bankruptcies whose debts are primarily consumer debts. The notice must contain the last 4 digits of the debtor’s Social Security number. If, within 90 days of the debtor’s filing the petition, creditors provide the individual debtor with at least two communications that state the debtor’s current account number and the address at which the creditor requests to receive correspondence, then all notices must be sent to that address and include the debtor’s full account number. If the notice concerns an amendment that adds the creditor to the schedules, the debtor must include the full taxpayer identifier number to the creditor and only the last 4 digits of the taxpayer identification number with the copy of the notice filed with the court. The Act also provides that a creditor may designate a particular person or subdivision of the company to receive all bankruptcy notices. To accomplish this, the creditor must file a notice of address in any bankruptcy court, requesting that all notices in all Chapter 7 bankruptcy and Chapter 13 bankruptcy cases in which the creditor is involved be sent to a particular address. The clerk of the court is responsible for inserting the address in a countrywide database of creditor addresses that will be used by all bankruptcy courts. If the notices are not sent to the creditor at the requested address, the creditor cannot be responsible for receiving notice. Therefore, a creditor cannot be penalized for violating the automatic stay if adequate notice was not received. The creditor will only be responsible for notices sent to the specified address. A creditor may request copies of relevant documents pertaining to an individual debtor’s Chapter 7 or Chapter 13 bankruptcy by filing a request with the court. Upon such request, the Chapter 7 or Chapter 13 individual debtor must provide creditors with a copy of the petition, schedules and statement of financial affairs. The debtor must also provide the creditor with a copy of the tax return(s) filed with the trustee, or summary of the tax return. A creditor must file the request for a copy of the debtor’s tax return 14 days before the meeting of creditors. A Chapter 13 debtor must also provide a creditor with a copy of the plan. The plan must be provided to the creditors within 7 days of the request, at a reasonable cost to the creditor.

    "He went far above & beyond what was expected!"

    - Nita F.

    "I had an excellent experience working with Thad Murphy and his amazing staff."

    - Rhonda B.

    "Great answers to questions and quick to get ahold of."

    - R.G.

    "Great service and fair prices."

    - Julia T.

Meet Your Legal Minds

Experienced Advocates Ready to Handle Your Case

Why Choose Our Firm?

The Next Step to a Brighter Future
  • Free Initial Case Evaluation
  • Local Iowa Attorneys - We Understand YOU
  • Over 60 Years Of Combined Experienced
  • We Advocate For Our Clients

Contact Pioneer Law Office Today!

Put Your Case In Trusted Hands
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy