What is an "Official Form 309A -- No Proof of Claim?"

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Written by Kristin Turner.  
Updated May 16, 2019

Summary

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.

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:

  1. The address you provided for the creditor in your bankruptcy paperwork was incorrect,

  2. The court sent you notice of your own bankruptcy via this form, or

  3. 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.

  1. Find the correct address. Bills are a great way to do this, but you can also call the creditor or do an internet search.

  2. 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.

  3. File an amendment to the bankruptcy matrix. You can find instructions here -- Upsolve cannot help you with this.

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.

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Upsolve is a 501(c)(3) nonprofit that started in 2016. Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. We have world-class funders that include the U.S. government, former Google CEO Eric Schmidt, and leading foundations. It's one of the greatest civil rights injustices of our time that low-income families can’t access their basic rights when they can’t afford to pay for help. Combining direct services and advocacy, we’re fighting this injustice.

To learn more, read why we started Upsolve in 2016, our reviews from past users, and our press coverage from places like the New York Times and Wall Street Journal.

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