Legal Question in Bankruptcy in New York

Chapter 7 Bankruptcy

If I forget to list a creditor in my chapter 7 bankruptcy, is that debt still dischargeable? This is of course if the creditor is not on my credit report and later claims I owe them. Just wondering


Asked on 3/05/08, 5:17 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: Chapter 7 Bankruptcy

A creditor must be properly listed on the debtor's bankruptcy petition for the debt to be discharged (creditors get notice and the opportunity to be heard; not listing them denies them that). However, if the case is still pending, the schedule may be able to be amended to include the creditor. If the case has discharged not too long ago, it may be possible to reopen the case to include the creditor.

Credit reports are useful tools for keeping track of debt, but not all creditors show up on them. The debtor is ultimately responsible for knowing how much she owes to whom.

You should contact the attorney who helped you with your bankruptcy petition for further information.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 3/05/08, 5:34 pm


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