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Creditors and Filing Question

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    Creditors and Filing Question

    This has nothing to do w/ my case, since I am filed and listed everyone.

    But someone that I know is filing, and a paralegal told her that she didn't have to list all creditors(she couldn't remember everyone she owed) because whatever unsecured creditors she had before filing would be discharged.

    I've never heard this before. I told her I didn't think that was true, but I would ask others.

    #2
    Yes, it is true, for the most part.
    Any debt you have that is not listed will still be discharged if you do not list them.
    HOWEVER, that creditor could (could, not necessarily will) object that they weren't notified and then get a chance to submit an objection. But if the other creditors are discharged then chances are their objection also would not be valid, unless they had a special reason - like if the debtor recently took a big balance transfer or made a big purchase.

    It's definitely best to list them, and usually the attorney gets this info from the credit bureaus, anyway, so I think the paralegal is kind of giving a bit of "misinformation" but not wrong information. The bottom line is I think the attorney will get all the creditors from the credit reports, anyway.
    <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
    FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

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      #3
      This is true in a no asset case since, the creditor was not harmed by not be notified. They'd have received nothing even if they were notified.
      I'd agree with Pa. Get those credit reports and try and be as accurate as possible.

      Official website of the U.S. Department of Justice (DOJ). DOJ’s mission is to enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and

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        #4
        I learn something new today. Thank you both.

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