I am asked this question almost every day. The answer is YES, you have to list the creditors you are paying. You cannot pick and choose which creditors to include in your bankruptcy. Put another way, you must file on all of your creditors – even your house and car. You still have the right to pay back any creditor that you want to repay, but you must list every creditor you owe or may think you owe. You should also list any debt that you dispute and any that the statute of limitations has run. Remember, you are signing your schedules under penalty of perjury that you have listed all of your debts. I always advise my clients to list any debt that they think they might owe.
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Last modified: November 14, 2008