Volume 5 Winter 2011 Number 2 - Charleston Law Review

CHARLESTON LAW REVIEW [Volume 5Truth In Lending Act (TILA). 46 No adversary proceeding wascommenced by the debtor to contest the validity of the creditor’slien. 47 The court affirmed the district court’s holding that thelienholder’s lien was not invalidated and passed through thedebtor’s bankruptcy unaffected by the fact that the debtor hadattempted to categorize the lien as an unsecured claim. 48 In itsopinion, the Mansaray court cites opinions from several of itssister circuit courts that have similarly required that anadversary proceeding be conducted in matters governed by Rule7001. 49 Then, the Supreme Court considered this issue inEspinosa.III. BANKRUPTCY NOTICE TO CREDITOR REQUIREMENTSDebtors are required to provide notice to creditors that abankruptcy proceeding has been commenced by preparing a “Listof Creditors.” 50 The Code further requires that any noticerequired to be given by a debtor to a creditor contain the name,address, and last four digits of the taxpayer identificationnumber of the debtor. 51 Also, if, within the ninety days beforethe commencement of a voluntary case, a creditor supplies thedebtor with at least two communications sent to the debtor withthe current account number of the debtor and the address atwhich such creditor requests to receive correspondence, then anyrequired notice must be sent to that address and mustinclude the account number. 52 The foregoing are just examples46. Id. at 232.47. Id. at 242.48. Id. at 243.49. See id. at 240–42 (discussing and citing In re Banks, 299 F.3d 296 (4thCir. 2002); In re Ruehle, 412 F.3d 679 (6th Cir. 2005); and In re Hanson, 397F.3d 482 (7th Cir. 2005)).50. 11 U.S.C. § 521(a)(1)(A) (2006) (“The debtor shall file a list ofcreditors.”).51. 11 U.S.C. § 342(c)(1) (2006) (“If notice is required to be given by thedebtor to a creditor under this title, any rule, any applicable law, or any order ofthe court, such notice shall contain the name, address, and last 4 digits of thetaxpayer identification number of the debtor.”).52. 11 U.S.C. § 342(c)(2)(A) (“If, within the 90 days before thecommencement of a voluntary case, a creditor supplies the debtor in at least 2204