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If a person in chapter 7 in eastern missouri moves to a new residence is he required to notify the court of his new address?

Saint Louis, MO |

Trying to find debtors who are in the midst of chapter 7. Do they need to let court know they're new address? If so how long after they move do they need to get that information to them.

Attorney Answers 5

  1. Yes, but there is little or no enforcement of the rule requiring the filing of a change of address in a pending Chapter 7.

  2. Yes, but as Mr Bollinger indicated, there are limited consequences for not doing so. Why are you trying to find the debtors? ANY act to attempt to collect a debt could be seen as a violation of the automatic stay, so you should be careful about that.

  3. Yes the rules require the debtor to notify the court of any change of address, even though the rules do not get strictly enforced. If you are certain the debtor has moved, you could challenge the bankruptcy but the costs of filing such a Motion, with the filing fee and attorneys fees, will be at least $6-700.

    This comment does not create an attorney-client relationship. The law and its application by the courts is constantly evolving and changing. This discussion is not to be taken as a definitive guide, and should not be relied upon to determine all fact situations. Each set of facts must be examined separately with the current case and statutory law analyzed and applied accordingly.

  4. My question is.why are you asking? If you are a Creditor talk to the attorney. If you are a debtor you want to keep the court and your attorney informed until your case closes.

    This is for general information solely. The actual outcome of your particular situation may be different depending on your specific facts. This does not constitute an attorney-client relationship.

  5. As several others have noted, there likely isn't any reason for you to be keeping tabs on their physical whereabouts at this point. Whatever you need to do can likely be done through the court, and notice in all federal cases is provided electronically to the parties or attorneys, so their physical address shouldn't really be an issue.

    This advice is based upon limited and hypothetical circumstances. For an answer that is specific to your situation, please consult an attorney. The answering of this question does not create an attorney/client relationship, and the poster should seek additional information from qualified legal counsel. Many attorneys, like ours, offer no-cost consultations.

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