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What if you forget to list a creditor in your bankruptcy?
By Mark Markus | September 23, 2009
What happens if a debtor forgets to list one or more creditors on their bankruptcy papers? The answer varies depending on where your case is filed and what chapter of bankruptcy was filed, as well as some other factors.
In the 9th Circuit (which includes California, Oregon, Arizona, Washington and Nevada, Idaho, Alaska, Hawaii and Guam) if your case was a Chapter 7 bankruptcy in which no assets were liquidated and sold by the Trustee, and you receive your discharge, there is no consequence for unintentionally failing to list a creditor. Thus, if you get your discharge, you are discharged from ALL dischargeable debts regardless of whether they were listed or received notice of the bankruptcy. The two main cases on this are In re Neilsen, 383 F.2d 922 (9th Cir. 2004) and In re Beezley, 994 F.2d 1433 (9th Cir. 1993). (If the creditor in question has grounds to object to the discharge of the debt– for example, if the debt was incurred through fraud– they can still move to reopen the Chapter 7 case and litigate their nondischargeability claim if they received no notice of the original bankruptcy).
In a Chapter 11, Chapter 13 case or in a Chapter 7 case where assets are being distributed by the Trustee, the failure to list a creditor is more serious and can result in that debt not being discharged.
If your case is filed outside the 9th Circuit, you should consult with a bankruptcy attorney in your area regarding the law in your jurisdiction.
Topics: Bankruptcy Law, chapter 11, chapter 13, chapter 7 | 1 Comment »
One Response to “What if you forget to list a creditor in your bankruptcy?”
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February 3rd, 2010 at 7:53 PM
What happens if a debtor forgets to list creditors on their bankruptcy papers?