When you file for bankruptcy you need to list all of the debts that you owe to you unsecured creditors. The potential consequences if you knowingly fail to list creditors was discussed by Boston Bankruptcy attorney Nicholas Ortiz.
So what happens if you simply forget to list a debt that you owe to an unsecured creditor?
The answer depends on a number of issues.
Has your bankruptcy already been discharged?
If your bankruptcy is still pending and has not been discharged, your attorney can amend your bankruptcy to add the unsecured creditor.
If your bankruptcy has been discharged then the question becomes whether you had an asset or a no asset Chapter 7 bankruptcy.
A no asset bankruptcy is one where there are no assets available to liquidate to pay your unsecured creditors.
Generally speaking if you have a no asset bankruptcy it should not create a problem that an unsecured creditor was overlooked since that creditor would not have received any funds from your bankruptcy anyway.
However, if you have an asset bankruptcy, and a creditor did not get notice of the bankruptcy and therefore did not have an opportunity to file a claim to share in the assets, then it is possible that the creditor could have a legitimate complaint because it was prejudiced by not getting its portion of your nonexempt assets.
Whether a creditor would go to the cost and time to object due to its lacking notice of your bankruptcy is an issue for another day.
The point here is that it is important to make sure that you have listed all of your creditors so problems like this do not occur.
Latest posts by Kevin Gipson, New Orleans Bankruptcy Attorney (see all)
- Medical Credit Cards: The Good, The Bad, And The Ugly - October 14, 2013
- Will Obamacare Reduce Bankruptcy Filings? - October 1, 2013
- How A Government Shutdown Will Affect Bankruptcy Courts - September 28, 2013
- Five More Reasons Not To File For Bankruptcy - September 13, 2013
- Louisiana Foreclosure Laws Become More Consumer Friendly - September 9, 2013
Last modified: February 24, 2013