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Debtors Notifying Court of Changes of Creditor Address
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Mark:
Just file a proof of claim on behalf of the creditor and serve the creditor.
The address on the proof of claim for the creditor supersedes the address on
the schedules.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
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Thanks, Dennis. I never looked at it as filing a document for the creditor, but filing on behalf of the debtor simply to notify the Court of the changed address. Looking at it from a creditor perspective, however, you are right: The Debtor, regardless of good intentions, has no authority to file a notice of change of a creditor's address. Amending the schedules is the debtors means to that end. Your suggestion to just forward notices to the creditors without filing any change of address with the Court is of course the practical one, except when there are multiple notices going out over time in an asset case. Then it becomes a pain to readdress them and document when required that notice was resent to the corrected address each time. In that instance it may be its worth eating the $26 to amend the schedules as the lessor of the evils.
Mark T. Jessee
Law Offices of Mark T. Jessee
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Guy's:
When we file documents electronicly, we have to say we
are the lawyer for the person for whom we are filing
the document. If we are the debtor's counsel, we do
not have the authority to file documents for other
parties. If you electronically file a change of
address for a creditor you are exceeding your
authority. That is why you are stuck with an
amendment to schedule f.
Send the creditor a paper copy with a postage paid
envelope. It will cost you less than a dollar and
accomplish your purpose.
dennis
That is what I have done as well
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X-eGroups-Edited-By: easky1
That is what I have done as well, but the clerk's office informs me that as Debtor's counsel in a case we cannont use the Notice of Change of Address form for a creditor, we are required to amend the appropriate schedules and mailing list and pay the required $26 each time; ie Only the creditor is allowed to change its address by using the Notice of Change of Address form. Santa Barbara apparently is going to enforce this now. Whether the other divisions will, remains to be seen.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
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That is what I have done as well, but the clerk's office informs me that as Debtor's counsel in a case we cannont use the Notice of Change of Address form for a creditor, we are required to amend the appropriate schedules and mailing list and pay the required $26 each time; ie Only the creditor is allowed to change its address by using the Notice of Change of Address form. Santa Barbara apparently is going to enforce this now. Whether the other divisions will, remains to be seen.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
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BK office clerk's appears to be wrong!
when you file a Change of Address, and file electronically, yuo GO TO "Other" = event code "Notice of Change of Address", I did 2 weeks ago, no charge,
call the ECF help Desk and explain,
regards,
axel
"Mark T. Jessee" wrote:
For approximatley the last 12 years I have used local form B-1098
Change of Address Form (last revised 3/03) without ever having an
eyebrow raised at the form's use while acting as debtor's counsel in
notifying the court of a previously scheduled creditor's change of
address. I have filed conservatively at least a hundred change of
creditor address notices like this over the years if case notices are
returned in the mail with a forwarding address that have expired, or
I otherwise learn of a new address for a creditor. Prior to
electronic filing, sometimes address were not correctly scanned and
were returned in the mail with a bad address even though correctly
reflected on the schedules. Changed addresses especially happen in
Chapter 13's or asset cases where significant time goes by after the
petition was filed.
Today I received a call from the Bankruptcy Clerk's Office in Santa
Barbara telling me I cannot use local form B-1098 for debtors
notifying the court of a previously scheduled creditors updated
address. While of course the creditors can make use of the Change of
Address form without charge, the clerks' office now informs me
debtor's are can only file an amended schedule D-F and addendum
mailing list to correct the address of a previously scheduled
creditor. I as debtor's counsel am then supposed to pay the $26 each
time, and then try be reimbursed by my clients. Is this new and/or
unusual or have I just been lucky not to have this issue raised
previously during the last 12 years?
Mark Jessee
between 0000-00-00 and 9999-99-99
BK office clerk's appears to be wrong! when you file a Change of Address, and file electronically, yuo GO TO "Other" = event code "Notice of Change of Address", I did 2 weeks ago, no charge, call the ECF help Desk and explain, regards, axel "Mark T. Jessee" <mjessee@jesseelaw.com> wrote: For approximatley the last 12 years I have used local form B-1098 Change of Address Form (last revised 3/03) without ever having an eyebrow raised at the form's use while
acting as debtor's counsel in notifying the court of a previously scheduled creditor's change of address. I have filed conservatively at least a hundred change of creditor address notices like this over the years if case notices are returned in the mail with a forwarding address that have expired, or I otherwise learn of a new address for a creditor. Prior to electronic filing, sometimes address were not correctly scanned and were returned in the mail with a bad address even though correctly reflected on the schedules. Changed addresses especially happen in Chapter 13's or asset cases where significant time goes by after the petition was filed. Today I received a call from the Bankruptcy Clerk's Office in Santa Barbara telling me I cannot use local form B-1098 for debtors notifying the court of a previously scheduled creditors updated address. While of course the creditors can make use of the Change of Address
form without charge, the clerks' office now informs me debtor's are can only file an amended schedule D-F and addendum mailing list to correct the address of a previously scheduled creditor. I as debtor's counsel am then supposed to pay the $26 each time, and then try be reimbursed by my clients. Is this new and/or unusual or have I just been lucky not to have this issue raised previously during the last 12 years?Mark Jessee
between 0000-00-00 and 9999-99-99
The post was migrated from Yahoo.
For approximatley the last 12 years I have used local form B-1098
Change of Address Form (last revised 3/03) without ever having an
eyebrow raised at the form's use while acting as debtor's counsel in
notifying the court of a previously scheduled creditor's change of
address. I have filed conservatively at least a hundred change of
creditor address notices like this over the years if case notices are
returned in the mail with a forwarding address that have expired, or
I otherwise learn of a new address for a creditor. Prior to
electronic filing, sometimes address were not correctly scanned and
were returned in the mail with a bad address even though correctly
reflected on the schedules. Changed addresses especially happen in
Chapter 13's or asset cases where significant time goes by after the
petition was filed.
Today I received a call from the Bankruptcy Clerk's Office in Santa
Barbara telling me I cannot use local form B-1098 for debtors
notifying the court of a previously scheduled creditors updated
address. While of course the creditors can make use of the Change of
Address form without charge, the clerks' office now informs me
debtor's are can only file an amended schedule D-F and addendum
mailing list to correct the address of a previously scheduled
creditor. I as debtor's counsel am then supposed to pay the $26 each
time, and then try be reimbursed by my clients. Is this new and/or
unusual or have I just been lucky not to have this issue raised
previously during the last 12 years?
Mark Jessee
The post was migrated from Yahoo.