Form 2 Notification to Creditor Seeking Information As to Account[1]
Re: [debtor(s)]
Dear Sir/Madam:
Please be advised that this office represents the above-captioned individual(s) with respect to [his, her, their] alleged debt to [creditor]. We are presently preparing a bankruptcy petition which will shortly be filed.
Enclosed please find an Information Release Authorization for the above-captioned individual(s). As we are interested in having the most current and accurate information possible, please forward the information listed in the authorization as soon as possible. It is especially important that we know if there is any security or judgment for the debt owed to you, so that we may know which debts will have to be paid after bankruptcy. If we do not hear from you, we may have to assume there was no security for this debt.
We are requesting that all further communications concerning this matter be directed to us. If you have any questions concerning the above, please feel free to call me. Thank you for your cooperation in this matter.
Very truly yours,
[signature]
Information Release Authorization
To: [creditor--bank]
This will authorize you to deliver to [rule;6] a full statement with respect to the following facts concerning:
[debtor]
[address]
Account No. [number]
who is a debtor/depositor of yours.
Depositor:
Total amount of deposit and accrued interest.
Debtor:
1. Total amount borrowed;
2. Installment amount;
3. Reason owed;
4. Security interest (provide description of collateral and, if recorded, state where and when);
5. Amounts and number of installments in arrears;
6. Present balance;
7. Interest;
8. Itemization of other costs;
9. Any assignment of debt and to whom;
10. Legal action pending and attorney involved;
11. Copies of the original contract and all papers relevant to the transaction or transactions;
12. Date debt incurred; and
13. Codebtors or cosigners.
Thank you for your cooperation in this request.
[signature]
Debtor
[1] This letter requests information for cases in which the schedules or statement cannot be completed because the debtor’s records are incomplete. An information release authorization, signed by the debtor, may not be necessary, depending on local practices. However, to save the necessity of another letter, it should be included if there is some doubt as to whether the creditor or bank will release information without it. If it is not included, the information requested should be specified in the letter itself. Creditors, of course, do not always cooperate in furnishing this information. Additionally some care should be taken because certain creditors, when they know bankruptcy is imminent, will hasten actions (often creating preferences, see NCLC’s Bankruptcy Treatise § 10.4.2.6.4), which would violate the automatic stay after the filing.