When you file for bankruptcy, you are required to list all of the creditors to whom you owe money to. You are required to list their names, their contact information such as addresses and phone numbers, the amount that you owe, and other miscellaneous information about the debt.
The purpose of this is so that the court can notify all of these entities of your intent to file for bankruptcy and discharge your debt to them. Once your creditors receive this notification, they will then have the chance to contest the discharging of their debt if they so wish.
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But, there are certain times, when you simply forget to list one or more creditors to whom you owe money. So what happens in these cases?
If you notified the creditor through other means, then as long as the debt is a dischargeable debt, it should have no effect on your bankruptcy filing. For example, if you owe $5,000 on a credit card that you haven't used in months and simply forgot to list it on the forms that you turned in to the court, you can send a letter to the credit card company yourself.
As long as you can prove that you have notified the creditor, your filing should be ok. Once the creditor is notified, the court takes the position that it is his responsibility to show up in court to protect his interests if that is his wish.
In other cases, it really doesn't matter if you notify the creditors or not. This is especially true in what lawyers call no-asset cases. In other words, if you have no assets which can be divided up to pay the creditors, it makes no difference whether a particular creditor received a notice. In either case the creditor would have received nothing. Knowing this, if a creditor shows up after the bankruptcy and tries to have the case reopened, he will be denied.
In other cases, however, where you intentionally left a creditors name off of the list, he may later show up in court and ask to have the case reopened because he was not notified. In this case, he may very well be successful and his debt will survive the bankruptcy. In other words, it will not be discharged, and you have to pay the debt.
If, however, you discover on your own that you left someone off your list, you can seek an amended discharge. If the debt is one that would have been discharged anyway, the court will consider it discharged.
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