I filed for CHapter 7 Bankkruptcy on May 4th 2010. I recieved My notice of the 341 Meeting of Creditors notice 7 days later. On the 9 th day I recieved another 341 Meeting of Creditors notice only this one was sent by my trustee to my creditor. It was returned to my mail box as undeliverable due to wrong address. Do I need to ammend my creditor Matrix for a new one to be sent out to the creditor? Do I notify my trustee? Any Help or Advice is Greatly appreciated.
If the address is incorrect, you should file an amendment with the court adding the correct creditor address, and mail a copy of your meeting of creditors notice to the creditor's correct address (if you have it). It may be somewhat a matter of local procedure and practice how to handle this, so you should consult with an attorney in your area. It may be sufficient to just mail the creditor the notice. The important thing is that the creditor gets notice. Filing an amendment, while technically required, isn't always necessary.
Local rules and procedures of the bankruptcy court will dictate how to adress this issue. You should consult with your attorney on this or, if pro se, may wish to call the trustee's office for input (though they will not give you specific legal advice, this is more a procedural issue). Even if amending the creditor list is not required, I would certainly keep the trustee informed of the actions taken to notify the creditor. It only serves to show your willingness to be above board on disclosing the debt and your intent.
Disclaimer: The above response is not intended to create, nor does it create, either an attorney-client relationship or an ongoing duty to respond to questions. It is intended to be solely the educated opinion of the author and should not be relied upon as legal advice. The response given is based upon the limited facts provided by the inquiring person and additional or differing facts might change the response. Attorney is licensed to practice law only in the states of Illinois and Michigan. Responses are answers to general legal questions and the inquiring party should consult a local attorney for specific answers and advice.
Try to find a proper address and send the creditor notice. In some jurisdictions, if you cannot locate the creditor, but the creditor was listed and scheduled AND there were no assets to distribute, the debt is still discharged. Check with an attorney, or yours if you have one, about whether any further action is required.
[This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
Mitchell P. Goldstein
Richmond, VA 23230