A creditor mailing matrix (or creditor mailing list) is an alphabetical list of all the people and companies to which you owe money. Any debts you owe to a creditor that are not listed in your creditor mailing matrix will not be discharged through your bankruptcy case. In bankruptcy proceedings, a notice that you’re filing for bankruptcy is sent to everyone on this list so that the affected parties can participate in the case. So, what happens if you forget to add a creditor to this list?
How to add creditors to the creditor mailing list:
The good news is, there are steps you can take to amend your list, but you have to act fast. In order to add a creditor to the list, you must:
- Complete a schedule F form (available at the U.S. Court’s website) and coversheet with the names of the creditors you wish to add.
- File your forms with the U.S. Bankruptcy court (there is a fee for doing this).
- Serve the updated schedule F form and cover letter to the your bankruptcy trustee, the affected creditors, and the U.S. Bankruptcy Court.
- File a certificate of service with the bankruptcy court after completing the above steps.
What happens if I don’t amend my creditor mailing list?
In Chapter 13 bankruptcy, any creditor not listed in your mailing matrix will not be able to participate in setting up your payment plan. As a result, you will be responsible for following the payment schedule set up by your creditor, even if the payments are difficult. You’ll have to negotiate any changes with the company directly instead of doing it through the courts, and there’s no guarantee they will be willing to negotiate.
The consequences in Chapter 7 bankruptcy depend on whether you have a case with assets or one without. In no-asset cases your unsecured creditors are prohibited from collecting the debt you owe after your debt has been discharged, so omitting a debtor would not make a difference in that regard. However, secured creditors may take legal action such as foreclosure or repossession if the debt against them is not discharged.
In cases with assets the consequences are more serious. If your creditors don’t receive notice of your filing, they lose the opportunity to file a proof of claim and receive any payment at the end of your case. As a result, they have the right to collect the debt you owe from your nonexempt assets even after your other debts have been discharged.
In addition, intentionally leaving creditors off your creditor mailing matrix constitutes perjury, since your court petition to file bankruptcy is signed under oath. Since perjury is a felony, it can lead to serious trouble down the line.
Bankruptcy can provide a second chance for financial freedom, but it’s important that the information is filed timely and accurately. If you are seeking bankruptcy protection, contact Las Vegas bankruptcy attorney, Anthony DeLuca at (702) 252-4673 for a free and confidential consultation.
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