I asked this question before..... [Archive]

HHM

06-19-2005, 02:03 PM

The creditors included in your BK are the creditors you listed in your petition. Pacer does have a list of creditors, (but its the same list from your petition, the list Pacer has is generated off of the creditors address matrix of your petition).

If you're looking for a list that "tells you" which creditors were discharged and which weren't; no such list is generated, created, or written. Basically, if no unsecured creditor objected to discharge (which you would know if they did as they would send you the objection in the mail), then your unsecured debts are discharged. If you have non-dischargable debts, i.e. income tax for last 3 years, spousal or child support obligations, and students loans being the most common, they are not discharged, regardless of whether you listed them (but you are supposed to list them).

If you didn't list a creditors, then their debt is not discharged.

No one, not the trustee, the judge, nor the clerk sits down and makes a determination of which debts are and are not discharged, the Bankruptcy Code is very specific about what debts are non-discharable (specifically 11 USC 523, if you have any debts that match the definitions outlined in that code section, those debts are NOT discharged). For debts that would otherwise be discharged (i.e. credit cards), the duty is on the creditor to ojbect to discharge for cause. Creditors need a reason to object (i.e. fraud, etc).



	Bankruptcy Forum > Before the Discharge > General Bankruptcy Talk > I asked this question before..... PDA I asked this question before..... FloridaGirl 06-19-2005, 01:47 PM but I forgot which thread it was in.... :p ....does PACER list the specific creditors included in a BK? HHM 06-19-2005, 02:03 PM The creditors included in your BK are the creditors you listed in your petition. Pacer does have a list of creditors, (but its the same list from your petition, the list Pacer has is generated off of the creditors address matrix of your petition). If you're looking for a list that "tells you" which creditors were discharged and which weren't; no such list is generated, created, or written. Basically, if no unsecured creditor objected to discharge (which you would know if they did as they would send you the objection in the mail), then your unsecured debts are discharged. If you have non-dischargable debts, i.e. income tax for last 3 years, spousal or child support obligations, and students loans being the most common, they are not discharged, regardless of whether you listed them (but you are supposed to list them). If you didn't list a creditors, then their debt is not discharged. No one, not the trustee, the judge, nor the clerk sits down and makes a determination of which debts are and are not discharged, the Bankruptcy Code is very specific about what debts are non-discharable (specifically 11 USC 523, if you have any debts that match the definitions outlined in that code section, those debts are NOT discharged). For debts that would otherwise be discharged (i.e. credit cards), the duty is on the creditor to ojbect to discharge for cause. Creditors need a reason to object (i.e. fraud, etc). FloridaGirl 06-20-2005, 10:52 AM Thanks for the info.