Legal Question in Bankruptcy in West Virginia
Failure to place creditor
If a debtor does not place a creditor on the bankruptcy petition can a creditor still collect?
Asked on 10/03/03, 4:17 pm
1 Answer from Attorneys
Thomas Zimmerman
Zimmerman Law Office
Re: Failure to place creditor
A Debtor is required to list all creditors in a bankurptcy petition. It is not unusual for a debtor to forget to list someone. If a credtior is not listed and does not otherwise know about the filing of the bankruptcy, that debt is not discharged. Being not discharged, means that following the entry of the discharge order and closing of the case, the rights revert to those that existed prior to the filing. If the creditor had the right to take action before, and had no notice, from any source, of the filing, then the creditor could resume collection activities.
Answered on 10/03/03, 9:03 pm