What is an "Official Form 309A -- No Proof of Claim?"
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The court sends this document to the creditors you listed on your bankruptcy paperwork when you file. It gives each creditor important information about your case and tells them what they need to do if they have a reasonable objection to your bankruptcy.
Written by Kristin Turner, Harvard Law Grad.
Updated August 7, 2020
The court sends this document to the creditors you listed on your bankruptcy paperwork when you file. It gives each creditor important information about your case and tells them what they need to do if they have a reasonable objection to your bankruptcy.
If you receive this notice, it means one of three things:
The address you provided for the creditor in your bankruptcy paperwork was incorrect,
The court sent you notice of your own bankruptcy via this form, or
Someone who owes you money filed bankruptcy.
You do not need to do anything in the second and third scenarios unless you want to object to the someone else's bankruptcy.
In the first scenario, you need to try to get the notice to the creditor in question.
Find the correct address. Bills are a great way to do this, but you can also call the creditor or do an internet search.
Mail the notice to the correct address. It's a good idea to use registered mail with a return receipt requested so that you can prove service on the creditor if later they claim they were not served.
File an amendment to the bankruptcy matrix. Upsolve has put together instructions for how you can amend your bankruptcy forms.
The good news is that, in most states, even if the creditor does not receive this notice in your Chapter 7 case, the debt is erased anyway. This is because there would have been no funds available to pay the debt even if they were given a chance to object. It’s a “no harm, no foul” rule.
Some states don’t follow the “no harm, no foul” approach -- if the creditor does not receive notice, the debt is not erased (unless the creditor otherwise knew about the bankruptcy). You would need to amend your bankruptcy forms to add the creditor's correct address in order to get it erased. You can contact your local bankruptcy court to find out which rules apply in your state.
