Legal Question in Bankruptcy in California

Are collection agencies considered Creditors?

Are collection agencies considered Creditors? Must they be informed of your filling Bankruptcy? Should they be included in the list of creditors even if you never signed a contract with them? Should you on your own mail them a copy of the B9A form? Are there any legal adverse consequences if you do/ don�t?

Thank you


Asked on 5/21/03, 10:53 am

2 Answers from Attorneys

Mark Markus Law Office of Mark J. Markus

Re: Are collection agencies considered Creditors?

At the very least they are agents of the creditor and their addresses should be listed so that they have notice of the bankruptcy and will stop attempting to collect on the debt.

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Answered on 5/21/03, 11:28 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Are collection agencies considered Creditors?

Sometimes collection agencies have been assigned the debt, which means they step in the shoes of the original creditor. At other times, they're just trying to collect. It's always wise to list them on the mailing list or, at least as you suggest, mail them a copy of the notice of bankruptcy.

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Answered on 5/21/03, 1:01 pm


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