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Are creditors with secured claims listed as being reaffirmed included on marix of creditors

Ithaca, NY |

i listed all unsecured claims on the matrix of crditors. should i have included creditors with secured claims (car loans) on this list? On my statement of intent I stated i wanted to reafirm this debt

Attorney Answers 6

Posted

The matrix should include all creditors/parties from schedules D,E,F,G,H. This ensures that they receive notice of filing as required.

Legal disclaimer: Disclaimer: This answer does not constitute legal advice. I am admitted in the State of New York only and make no attempt to opine on matters of law that are not relevant to NY State. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.

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Posted

Every creditor that you owe money to should be listed on your schedules of liabilities (D,E,F) and they should each be listed on the master mailing matrix as well. Make certain that the address given is of recent vintage. The law requires that the addresses be current and good in order that the creditor is afforded legal "due process" . I have seen your other posts. I strongly recommend that you meet with a bankruptcy attorney in your area for some guidance. Good Luck!

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Posted

A secured Creditor must be listed on both the Schedule D " Secured Creditors", the Statement of Intention and the mailing matrix.

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Posted

Stop making assumptions and read the bankruptcy code! Next time you may do something that cannot be corrected or is criminal in nature. Hope this perspective helps!

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Posted

Yes.

This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn’t address all facts & implications of the question; it’s general info, not legal advice to be relied upon and exceptions may apply. It creates no attorney-client relationship; it may be pertinent only to CA and/or its Southern District Bankruptcy Court in San Diego. It’s independent of other answers. It may be time sensitive, as in past the “Use by” date: laws and case law change. Hire a bankruptcy lawyer before acting or refraining from bankruptcy or other legal action.

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Posted

Yes. All creditors, regardless of their type as a creditor, are entitled to receive a notice from the court about your bankruptcy. Therefore, you should not omit creditors. Your failure to get notices out the creditors can have negative consequences.

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