Do all creditors have to be listed on bankruptcy schedules?

Posted on October 30, 2013. Filed under: Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumer Alerts, Consumer Bankruptcy Attorney | Tags: , , |

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Yes. All of the debts have to be scheduled, with the name and address of the creditors. This is so that they can receive notice of the bankruptcy, and get their fair share of any money that is paid to creditors. Sometimes debtors think that they should omit a creditor because they want to continue to pay the debt. This would violate the law, and it is unnecessary, because a debtor can always choose to pay a debt voluntarily, even though the debt has been discharged and there is no legal obligation to make payment. However, creditors are usually prohibited from taking any action to collect discharged debts.

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I thought creditors would stop contacting me when I file Chapter 13 ? What do I do if they don’t ?

Posted on July 31, 2013. Filed under: Chapter 13 Bankruptcy, Debt Collectors | Tags: , , |

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The filing of your bankruptcy papers operate to automatically stop any collection efforts once the creditor is notified. Most legitimate creditors know about this and will respect that legal
requirement. It usually takes about 30 days for a creditor to get officially notified. Occasionally, however, some creditors may not get the word or may just try to muscle their way in for more money than they are allowed to receive. If you are contacted, first check to be sure that creditor has been listed on your bankruptcy papers. If they weren’t listed, see your attorney about adding them to your bankruptcy. If they were listed, still contact your attorney.

REMEMBER: You do not have to discuss the matter with a creditor who might contact you even after they were listed. Maybe they just don’t know about it yet. It is best to simply tell them you are in Chapter 13, give them your case number and attorney’s name. Then politely tell them not to call you again. If they persist, tell them they are in violation of a court order and you want them to stop. Be sure to keep a record and forward it to your attorney.

John Rogers, Kentucky Bankruptcy Attorney

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