What Address Do You Use For Creditors in Bankruptcy?

credit card company addresses in bankruptcy

By S_Falkow on Flickr

What address do you use from all of your bills in filing a bankruptcy?  Bankruptcy rules require listing all creditors both on the right schedule for the type of debt but also on the matrix.  A bankruptcy noticing center mails notices based on the matrix.

The Secret In The Fine Print of Credit Card Bills

A key question arises:  “what address is legally required in the bankruptcy filing?”  Credit card bills confuse everyone with pages of small print.  An address printed at the top of the bill might not match the address at the bottom.  The payment address may also be different.

The correct address for the bankruptcy petition is not the payment address, but the “correspondence address”.  Finding it may take sifting through the fine print on both sides of the bill.  Some credit card companies actually print a ‘Bankruptcy Address’.  That’s fine, but the correspondence address is the one to look for.

Bankruptcy Law on What Address for Creditor

The address requirement comes from U.S. Bankruptcy Code:

 “If, within the 90 days before the commencement of a voluntary case, a creditor supplies the debtor in at least 2 communications sent to the debtor with the current account number of the debtor and the address at which such creditor requests to receive correspondence, then any notice required by this title to be sent by the debtor to such creditor shall be sent to such address and shall include such account number.”

11 U.S.C. 342(c)(2)(A)

What this means is that it’s worth reading through the bill to find the correspondence address, which may at times be listed under “Write to us here” or some other such description.  Save copies of the bills in case there is ever a question about proper listing of creditors.

This is just one example of the procedural and legal challenges of bankruptcy.  Retain an experienced bankruptcy attorney in your jurisdiction to help with traps you may not even realize exist.  Look for a member of the National Association of Consumer Bankruptcy Attorneys [NACBA].  Their website will point you to local members.

Tags: , , , , , , , ,

About Andrew Myers

Attorney Myers is a member of the American Association For Justice, Massachusetts Academy of Trial Attorneys, New Hampshire Association For Justice, National Association of Consumer Bankruptcy Attorneys & Rotary International. Legal services provided in Massachusetts (MA) and New Hampsire (NH).

Discuss: “What Address Do You Use For Creditors in Bankruptcy?”

  1. July 5, 2012 at 2:11 am #

    I can’t believe how difficult they make this there were six different addresses on one of my statements, and that was on the front. Way in the fine print on the back they said court notices and bankruptcy notices should be sent to yet a different address. Why do they make this so difficult?

    Posted by Going Bankrupt
    • July 5, 2012 at 2:20 am #

      I can’t answer for credit card companies that are so fast to hike interest charges, fees and all the rest. My only guess is that if incorrect addresses are scheduled on a bankruptcy petition, then later, if they continue to send collections in violation of the automatic stay of bankruptcy or the final discharge they can claim a defense by never having receved proper notice. That’s why many bankruptcy attorneys will schedule multiple addresses if it appears a creditor is playing hide and seek.

      Posted by Andrew Myers
  2. July 5, 2014 at 12:24 am #

    One of my credit cards from a major company has six different addresses including a bankruptcy address and a correspondence address. Isn’t it a waste of time to list them all and what will the trustee say?

    Posted by Mary
    • July 5, 2014 at 11:38 am #

      The correspondence address given to you in the last 90 days is the one called for in the U.S. Bankruptcy Code. And yes, if they provide an additional bankruptcy notice address why wouldn’t you list that also. Don’t give creditors room to argue that they didn’t get notice. Scheduling additional addresses does not cost more.

      Posted by Andrew Myers

Leave a Reply