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Listing creditors, is every business I deal with a creditor?

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    Listing creditors, is every business I deal with a creditor?

    I have opened up a new bank account in anticipation of filing and I'm wondering if they'll get notified. I have no credit with them -- only savings, checking and a debit card. I know they'll be listed as an asset for the few bucks in the account when I file, but they're not a creditor in the sense that they have not and will not loan me money.

    The same is true for other accounts I have like eBay, PayPal or even the utility bills. (The ones that require pre-payment, anyway.)

    When is it safe to NOT list an account?
    Discharged November 2008 100 days after filing no-asset Chapter 7. We intended to let a two-year-old vehicle go back to the bank and reaffirm an inexpensive ten-year-old SUV and our home mortgage. In the end we surrendered ALL of our vehicles and reaffirmed NOTHING. We'll "ride through" our mortgage after the court ruled it an undue hardship.

    #2
    My lawyer didn't list the utility companies and such like that. Only my credit card and computer debts. If you don't owe them money they aren't a creditor, I suppose if you owed a large past due amount on a utility you might have to list em.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

    Comment


      #3
      Originally posted by Keebler View Post
      When is it safe to NOT list an account?
      It's safe not to list a secured or non-secured account if the amount you owe when you file is zero. Also you can list a utility as a creditor if you intend to wipe out what you owe them in your bankruptcy.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        Keebler, hopefully you will be able to exempt whatever is in your bank account at the time of filing.

        You won't be listing the bank as a creditor unless you owe them something - but you will be putting your bank account numbers into your petition.

        If you owe an overdue balance on utilities or to PayPal, you would list them as creditors.

        Up to date utilities and insurance, etc. aren't listed as creditors, but you'll note them in your expense pages.

        When you make your creditors matrix, list every single creditor, and be sure to include any collections companies as well. That way, they are included in all mailings from the court - they'll get notice that you have filed, in case they want make an objection or file a claim. They'll also get notice of your discharge.

        And you will think of them no more.



        I made a mistake on my petition by totaling up the debt amount and INCLUDING the collections in that amount. I could not figure out beforehand if I should list the collections figures or not. The trustee and the judge both questioned me about it, but were satisfied with my LAME answer that since I had included them on the matrix, I thought I had better include them in Schedule F.

        Include the names and addresses of all creditors on your matrix, and even include them in Schedule F - but don't include the collections amounts in the total at the end of Schedule F.

        That's how the officials seemed to want to see it.

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