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    creditor not listed?

    We have a no asset chapter 7 case. I forgot to list 3 creditors, all are under $300, but my attorney said there is a general rule that all debts are discharged even if not listed. I keep reading that they HAVE to be listed. Should I trust my attorney? These creditors keep asking why they haven't received anything, but attorney says just refer them to him.

    I am confused??

    #2
    I would list them to be sure. Besides, all creditors are supposed to be listed on the schedules and you don't want to get in trouble for not putting them down. They might also be able to argue for not discharging the debt if they weren't included. There is an amendment form you can file. It costs $26 in my district - you might have to pay atty fee too.
    Filed Chapter 7 pro se- 7/24/07
    341 Meeting - 9/13/07 Done!
    Last day for objections - 11/12/07
    Discharged!!!! -11/26/07

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      #3
      With an Old Law, No Asset Ch 7, any debts you forgot to list were automatically Discharged regardless. New Law was not written with the same provision.

      Just to be on the safe side, you can amend your Petition or contact those Creditors directly yourself by mailing a copy of your BK Filing Notice.
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment


        #4
        I'm not trying to be rude by any means, but how can you forget 3 creditors. You just take them all off your credit report, don't you?


        Originally posted by sofarindebt View Post
        We have a no asset chapter 7 case. I forgot to list 3 creditors, all are under $300, but my attorney said there is a general rule that all debts are discharged even if not listed. I keep reading that they HAVE to be listed. Should I trust my attorney? These creditors keep asking why they haven't received anything, but attorney says just refer them to him.

        I am confused??

        Comment


          #5
          City,..............

          You really need to take some time and learn instead of just popping in on threads with condescending sounding questions.

          Not all Creditors show up on our Credit Reports. Big ones like CC's, car loans, and mortgages do. But many others don't.

          For example,........... Utilities typically do not report. At least not on the Credit Reports we see. If you call a Utility Company for service, they pull a report that shows if you've had service with other utilities in your name before.

          Medical bills. Hospitals and Doctors. Unless a debt has moved to a 3rd party collections company, many medical bills do not show.

          Someone here posted about owing money to their local newspaper for an old, long since cancelled subscription they'd had. That didn't show on their Credit Reports.

          There's lots of "smaller" types of debts that aren't posted on Credit Reports.
          Filed Ch 7 - 09/06
          Discharged - 12/2006
          Officially Declared No Asset - 03/2007
          Closed - 04/2007

          I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

          Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

          Comment


            #6
            Reply to CityGirl.....

            Hey CityGirl,
            I know you probably are not aware of this, but a couple of times while posting, I read some of your comments and they seemed very mean. They start out with "I,m not trying to be rude" but even after that, they still seem very hurtful and cruel.

            The young lady who seem very young and posted here about her situation on filing with her husband....you actually made some comment or response about the year she was born or her age at the time when she did this or that. To be honest, I am not sure what that has to do with all the stress and drama we are all going through with filing bankruptcy. Nothing I say will prevent you from making the comments and sometimes once another makes a comment to the person causing the problem, it actually causes more of a problem. I definitely am not trying to do that, I just felt bad that you do not feel bad about what you say or ask.

            Since I know you have good advice also, I am hoping that we can all just get good information from each other like we have been doing.

            And for the record, anybody reading this...I left creditors off my original petition because they never showed up on the Big 3 credit reports, so I went about my daily business filing and just last week did a once over before 341 and while matching up everything discovered that the three people had to be added because even though I paid for all this stuff monthly online, they were never on the credit report and the amounts were things I wanted discharged.
            Last edited by 6ftladycop; 08-20-2007, 01:52 PM.

            Comment


              #7
              I have been checking my credit reports for a while now, every 6 mths - 1 yr or so, to get a general idea and I know for a fact that SEVERAL things that I owe are not being listed on any of my credit reports. so I can certainly see how that can happen. I am actually quite anxious about listing my debts because I am almost positive I am going to leave a few out by mistake! there are so many small ones that I bet I will totally forget about someone because they aren't on my credit report, and lord knows I don't have all my bills saved for the past 5 yrs since I stopped paying on some of my debts.
              Monica
              planning to file Ch. 7 - soon!

              Comment

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