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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 12-16-2004, 07:05 AM
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Join Date: Dec 2004
Posts: 2

creditor list


What is the name of your state? NC

I am planning on filing chapter 7 within the next few days. Since I turned in my original list of creditors two of my accounts went into collections. After making my final payment to my lawyer I told the front office lady I needed to amend my list of creditors to include the collections agencys, but she said that was not needed.

From what I have read collection companies should be listed. So who is right ?
  #2  
Old 12-16-2004, 07:17 AM
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Join Date: Dec 2004
Posts: 10
check the forms instructions. it is obvious that you should list collection agencies and list them as "alternate address", "different account number" or both, stating "the claim has been purchased" or similar satement with the value of the loan of zero, $0.00.

do not give those criminals from collections any chance to bother you after the bankruptcy and they might if they are not included.

buy a chocolate to the office lady, talk to the lawyer and if he repeats the same baloony, fire him

Quote:
Originally Posted by jacksons
What is the name of your state? NC

I am planning on filing chapter 7 within the next few days. Since I turned in my original list of creditors two of my accounts went into collections. After making my final payment to my lawyer I told the front office lady I needed to amend my list of creditors to include the collections agencys, but she said that was not needed.

From what I have read collection companies should be listed. So who is right ?
  #3  
Old 12-16-2004, 08:11 AM
Member
 
Join Date: May 2004
Posts: 633
While it is a good idea to list all of the collection agencies tied to an original creditor it is NOT necessary. As long as the original creditor is listed, you are covered.

Your attorney is correct.

But, what I would do is when you receive your notice of bankruptcy filing paperwork from the court, make copies and send them out to the new collection agencies.

When you start amending BK paperwork it tends to make the Trustee scrutinize your filing a little more closely.
  #4  
Old 12-16-2004, 05:02 PM
Junior Member
 
Join Date: Dec 2004
Posts: 10

include them anyway :)


if you chose NOT to include them as "same as above", "different accn / address", "purchased claim" or any similar name, you should include them in the mailing list at least. it would be much easier for you to do it with bk papers than wait and send letters to all of them after the fact.

you don't need to deal with those criminals. just check what NCO Financial, for example, is doing to people...

Quote:
Originally Posted by jacksons
What is the name of your state? NC

I am planning on filing chapter 7 within the next few days. Since I turned in my original list of creditors two of my accounts went into collections. After making my final payment to my lawyer I told the front office lady I needed to amend my list of creditors to include the collections agencys, but she said that was not needed.

From what I have read collection companies should be listed. So who is right ?
  #5  
Old 12-16-2004, 05:27 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
It is NOT NECESSARY to amend the schedules, listen to your LAWYER ! I'd also be willing to bet that any amendments will cost you extra money. Leave them alone, you will be covered.
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  #6  
Old 12-16-2004, 05:59 PM
Junior Member
 
Join Date: Dec 2004
Posts: 10

include or not :)))


[url]http://www.uscourts.gov/bkforms/official/b6f-inst.pdf[/url] official Court instructions for the Schedule F, creditor holding unsecured nonpriority claims 11 U.S.C. § 362(a) in its stipulation 11 may give you an answer better than our different opinions here


Quote:
Originally Posted by Ladynred
It is NOT NECESSARY to amend the schedules, listen to your LAWYER ! I'd also be willing to bet that any amendments will cost you extra money. Leave them alone, you will be covered.
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