Legal Question in Bankruptcy in Virginia

Re: Who Do They Contact??

This is an interesting question because it implies that you will be leaving one or more of your creditors off of your bankruptcy schedules. Many people call me and ask if they can do this. They might have a favorite dentist that they don't want to include in the bankruptcy, or a credit card that they might want to keep off of the bankruptcy, in case of emergency. But the person doing this then faces a problem at the 341 Hearing (Meeting of Creditors), when the bankruptcy trustee asks them, under oath: "Have you listed all your debts and all of your assets?" When you tell the trustee the truth, that one or more of your creditors was left off your schedules, he or she will get miffed and make you amend your schedules to add the creditors that were left off (trust me, this has happened to clients of mine!). Besides, many creditors (especially credit card companies) do a periodic review of your credit report anyway, even if you didn't list them on your bankruptcy, and will see that you filed bankruptcy anyway. The best solution is to list all of your creditors and then contact the ones that you want to keep paying on. A debtor is permitted to keep paying on, or "reaffirm," any debt that they chose. It is not guaranteed that a credit card company will allow you to do this (though it is to their advantage), but it's worth a try. Capital One and some other companies have programs that allow the debtor to reaffirm their card. Of course, your favorite dentist would be happy to keep getting paid, too....

Re: Who Do They Contact??

The Court sends notice to everyone you list, BUT... you are required to list EVERYONE to whom you owe money. It is a federal felony not to do so. So all of the credit card companies which have extended credit to the debtor get notice.