what if....

[DUMBAGAIN]

you list all known creditors and then one pops in out of no where? Or what if you list your orginal creditor and while you are preparing the Chapter 13 the debt gets sold to a outside agency and you didn't know that until after your filed? Is there anything that can be done in these situations?

[AngelinaCat]

We had one pop in on our C7. A company supposedly representing Sam's Club filed paperwork wanting to be notified of any changes in our case. We thought WHAT???? We had not been in a Sam's Club since 2004. I had a Sam's Club membership card that had not been renewed since then. Come to find out, that there is a line of credit attached to the card. We didn't know that; we just used the card to get in the door. We thought perhaps there had been auto-renewals of the membership of which we weren't aware. We had never gotten any statements.

So, a phone call to this agency revealed no activity at all on the card, and they filed paperwork to remove their claim from our case. So that was that.

Now, to answer your question--list all of your original accounts. That is all you have to do. You may want to pull copies of your credit reports and compare. These accounts get sold all the time, and you can't be expected to track down all of the transactions.

[BROKENN]

When something gets moved from creditor to collections, I faxed it over to my atty.
I think since the original creditor and account is listed, the paper will trail. Maybe someone can tell their experience.

A whole new bill will need an amendment if you want to include it.

[epiphany]

As long as you listed all of your original creditors, you're good to go.

I would probably just call any CA's that pop up and give em the case number.

One interesting thing I found out right before I filed:

I was talking to a CA and told them I was filing. The guy wanted to know what chapter I was filing and I wouldn't tell him anything , just kept telling him to call my lawyer. He said to me "or maybe we can just get this over with right now and send this back to the original creditor". I didn't know they did that! I still didn't tell him anything but in retrospect, I don't think it would have hurt to tell him I was filing a 7. I don't think it would have been wise to tell if I had happened to be filing a 13 though.

ep

[kornellred]

It's hard to imagine that any creditor would be inadvertently overlooked in the discovery phase of filing for BK, with the possible exception of a private party that does not utilize the credit reporting system.
Epiphany is correct in stating that if you have listed all of your original creditors, you are good to go. Large banks routinely sell bad debt after a few months of non-payment. If this occurs after filing and before confirmation of a Ch 13 plan, debt buyers are not suddenly exempt from the stay provision of the BK code, although some of them would like to have you believe that. The trustee cannot pay the original creditor if the debt has been sold - it would be illegal for the original creditor to accept the payment. And, come the end of the Chapter 13 plan, the debt is discharged, no matter what entity might own it. No ifs, ands, or buts about it.