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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 10-06-2005, 11:48 AM
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Join Date: Oct 2005
Posts: 4

non-listed creditors when filing Ch7


What is the name of your state? Arizona

If I listed all the original creditors in my Chapter 7 BK, can one of the current collection agencies attempt to collect money based on the fact they were not listed when I filed?

My lawyer will charge for adding in more creditors. I would hate to file, only to find out I am not fully protected and liable to pay any non-listed creditors.

She advised me. as long as I have the original creditors listed I should be fine but of course I am still nervous and don't want to fumble the ball this late in the game.

I have received dozens and dozens of letters from all these different agencies and law offices and it is hard to keep track who is collecting on who's behalf.
  #2  
Old 10-06-2005, 02:08 PM
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Join Date: May 2001
Posts: 6,454
You are in the 9th circuit and your lawyer is correct-if this is a no asset Chapter 7.
The courts have ruled that in a no asset case {9th circuit anyway} that creditors who are not named are considered discharged anyway.
Send a cease and desist letter with the filing number and your lawyers contact info to the collection agency.
  #3  
Old 10-06-2005, 07:31 PM
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Join Date: Oct 2004
Location: Phoenix, AZ.
Posts: 3,082
If you're getting collections notices from collection agencies, you SHOULD add them into your BK even if they are not the original loan...
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