Actual Timely Notice of a Bankruptcy = Due Process and an Obligation to Investigate (9th Cir. BAP Unpublished)

If you know about a bankruptcy case then you are obligated to investigate to determine the dates to object to the discharge and to file a proof of claim.  Actual written notice is not necessary.  Moreover, notice to an agent of the creditors such as its attorney constitutes notice. 

In the recent 9th Cir. BAP Case the Debtor utilized the creditors wrong address but the creditor received actual notice within 3 days of the bankruptcy filing.  Despite such notice, the creditor did nothing until it was too late.  The creditor filed a motion requesting authority to file a late filed proof of claim and a late objection to discharge proceeding. The BAP determined that under 9th Cir. Law, actual notice is tantamount to notice and denied the motions.

In re Calderon - 9th Cir BAP Unpublished