Creditors Omitted From Bankruptcy

Clients are justifiably concerned about accidentally leaving a creditor off of the bankruptcy petition. The bankruptcy code does say that a debt will not be discharged if leaving off debt will prevent a creditor from timely filing a proof of claim. Fortunately in a “no asset” case this rule usually does not apply so long as the omission was inadvertent.

The rule that debts in a no-asset case are discharged even if the creditor does not receive a notice (so long as the omission is inadvertent and there is no fraud involved) is set forth in cases such as In re Beezley (9th Cir. 1993) 994 F.2d 1433, 1436]

In order to help you avoid leaving off creditors, I generally run a credit report for you.

I don’t just run an ordinary credit report. I subscribe to and use the CIN System. With this system, I can download the creditor information in your credit report directly into your bankruptcy petition. This way we know that the information in your petition will be as accurate as the information in your credit report. The system also provides a presentation of a Pre and Post Bankruptcy Credit Score Analysis.

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