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Notices to Creditors in Bankruptcy Cases

December 24, 2014
Lake County bankruptcy lawyer

Due to a provision in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, creditors must receive prompt notice of Chapter 7 and 13 bankruptcies consisting mostly of consumer debt. According to a Lake County bankruptcy lawyer, the last four digits of the debtor’s social security number must be included in the notice.

If a creditor provides a debtor with two or more communications stating the creditor’s current address and the debtor’s full account number within 90 days of the filing of a bankruptcy case, all further notices must be sent to that address. They must also contain the full account number.

Amendments and Designations

Sometimes, a notice contains an amendment adding a creditor to a bankruptcy schedule. Under such circumstances, the debtor is required to provide his full taxpayer ID number to the creditor. The last four digits of the ID number must be included on the copy of the notice that’s filed with the court.

The same act allows creditors to designate individual people or subdivisions of the company as official recipients of all notices. For this to happen, the creditor must file a notice of address in bankruptcy court specifying the address to which all notices must be sent. From there, the clerk of court enters the address in a nationwide database that’s used by all bankruptcy courts.

Copies of Necessary Documents

A creditor has the right to request copies of relevant documents and can do so by filing a request in court. The individual debtor must then provide copies of statements of financial affairs, schedules and petitions. He must also provide copies of the tax return or a summary of the return he filed with the trustee. Creditors must request these copies within 14 days of the meeting with creditors. If it’s a Chapter 13 bankruptcy, the debtor must also give the creditor a copy of the plan he’s filed, and this must be done at a reasonable cost to the creditor.

Hire an Experienced Lake County Bankruptcy Attorney Now

The best way to navigate the complicated bankruptcy process is with assistance from a skilled Lake County bankruptcy lawyer. Call Merideth Nagel, P.A., Attorney at Law at 352-404-4634 or toll-free at 877-580-6868 now.

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