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bankruptcy creditors consumer bankruptcy
Are there new requirements concerning the addresses for creditors?
In cases filed on or after October 17, 2005, any notices that the Debtor is required to provide to creditors must use an address designated by the creditor and must include the Debtor’s account number with that creditor. In general, one should use the address specified by the creditor for receiving notices. That address is often different from the address to which one makes payments. In situations where the creditor cannot communicate with the Debtor within the 90 days preceding a petition (for example, because the Debtor has sent an FDCPA “cease communication” letter), the address and account number specified in two communications is the right one. Finally, a creditor may register an address with any bankruptcy court (even one geographically far away).
Debtors are not required to give notices to creditors in most cases. The court clerk gives notice of case filing (including announcement of the dates for the first meeting of creditors and of other deadlines in the case) and of any discharge that eventually enters. It remains important to provide correct addresses on the schedules and matrix, however, because the Bankruptcy Noticing Center used by the clerk’s office will not have a registered address for every possible creditor and cannot correct every misspelling in a creditor’s name.
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