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What Happens If You Omit A Creditor From Your Bankruptcy Petition?

What Happens If You Omit A Creditor From Your Bankruptcy Petition?
"""When filing for bankruptcy, debtors are required to identify all of their creditors. You are required to list their names, contact information such as addresses and phone numbers, the amount of money you owe, and any other pertinent information regarding the debt.

This is necessary so that the court can notify all of these entities of your bankruptcy filing and discharge your debt to them. If they so choose, your creditors will have the opportunity to contest the discharge of their debt after receiving this notice.

Occasionally, however, you may forget to identify one or more creditors to whom you owe money. So, what occurs in these situations?

As long as the debt is dischargeable, the fact that you notified the creditor by other means should have no bearing on your bankruptcy filing. For instance, if you owe $5,000 on a credit card you haven't used in months and merely forgot to include it on the forms you submitted to the court, you can send a letter directly to the credit card company.

As long as you can demonstrate that you informed the creditor, your filing should be acceptable. Once a creditor is notified, the court assumes it is his responsibility to appear in court to defend his interests if he so chooses.

In other situations, it makes little difference whether creditors are notified or not. This is particularly true in what attorneys refer to as ""no-asset"" cases. In other words, it makes no difference whether a particular creditor received a notice if you have no assets that can be divided up to pay your creditors if you have no assets that can be divided up to pay your creditors. In either scenario, the creditor would have been left empty-handed. Knowing this, if a creditor attempts to reopen the case after the bankruptcy has been filed, he will be denied.

In situations where you intentionally omitted a creditor's name from the list, he may later request that the case be reopened because he was not notified. In this situation, he may be successful, and his debt will endure the bankruptcy. In other terms, the debt will not be discharged and must be paid.

If you discover, however, that you omitted someone from your list, you may pursue an amended discharge. If the debt would have been discharged regardless, the court will view it as discharged.""

" - https://www.affordablecebu.com/

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"What Happens If You Omit A Creditor From Your Bankruptcy Petition?" was written by Mary under the Finance / Wealth category. It has been read 195 times and generated 0 comments. The article was created on and updated on 01 June 2023.
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