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In a personal bankruptcy filing, I assume all listed creditors are made
aware of the procedings and potential discharge of debt.
What about creditors who are inadvertently not listed, not contacted,
etc? For example, bills and debts that may have been sold and re-sold
and the debtor is clueless about the actual current situation (amount
owed and/or to whom), disputed or forgotten medical bills from
third-party providers, etc? Is there a legal provision, perhaps for
public notice inviting creditors to step forward, that addresses this
situation?
Or, can "missed" creditors come forward following bankruptcy and insist
on being repaid?
thanks and regards,
Martin
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In article <ap88u0pciulsh9k70tcq2876pvhq1st5hj@4ax.com>,
"Martin" <funkychateauSPAM@yahoo.com> wrote:
In a personal bankruptcy filing, I assume all listed creditors are made
aware of the procedings and potential discharge of debt.
What about creditors who are inadvertently not listed, not contacted,
etc? For example, bills and debts that may have been sold and re-sold
and the debtor is clueless about the actual current situation (amount
owed and/or to whom), disputed or forgotten medical bills from
third-party providers, etc? Is there a legal provision, perhaps for
public notice inviting creditors to step forward, that addresses this
situation?
Or, can "missed" creditors come forward following bankruptcy and insist
on being repaid?
The responsibility of listing all debts to be discharged is
on the party filing for bankruptcy. If a missed debt is located
prior to the bankruptcy being final, it can be added. There
is generally a debtor's conference where debt holders can
come forward and challenge the bankruptcy. Once things are
final, any missed debts remain debts. It is possible to
petition to reopen the bankruptcy, but there would have to be
some pretty unique reasons to do so. It is important to nail
down all the debts since once it is final, you cannot file
again for 7 years, so you have to live with any mistakes.
-john-
--
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John A. Weeks III 952-432-2708 john@johnweeks.com
Newave Communications http://www.johnweeks.com
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Martin wrote:
In a personal bankruptcy filing, I assume all listed creditors are
made aware of the procedings and potential discharge of debt.
What about creditors who are inadvertently not listed, not
contacted, etc? For example, bills and debts that may have been
sold and re-sold and the debtor is clueless about the actual
current situation (amount owed and/or to whom), disputed or
forgotten medical bills from third-party providers, etc? Is
there a legal provision, perhaps for public notice inviting
creditors to step forward, that addresses this situation?
No. To discharge a debt the creditor must be listed on the bankruptcy
schedules.
Or, can "missed" creditors come forward following bankruptcy and
insist on being repaid?
What I've seen done is that, when an omitted creditor pops up, perhaps
years later, you can go back to bankruptcy court to amend your
schedules, this time to include the creditor. That will do the trick.
Stu
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