Unnamed creditor in bk petition

[CLICKFORLUCK]

What is the name of your state (only U.S. law)? California

Can I force the petitioner to name me in a bk chapter 7 petition?

We are in a legal action against this person, and several others. We don't care about getting this discharged because it will make his father more liable and we can ask him questions in the 341a hearing.

This is a deliberate not a "mistake"... I believe you are required to list all debts.

Thoughts?What is the name of your state (only U.S. law)?

[bigun]

Yes, you must list all creditors.

I'd suggest this may best be resolved by having your attorney contact the debtors attorney about the ommission.

[JETX]

Actually, if this is a NO ASSET chapter 7, they do NOT have to list all creditors. They only have to list sufficient debt to convince the court that their petition should be granted.

[latigo]

Originally Posted by JETX

Actually, if this is a NO ASSET chapter 7, they do NOT have to list all creditors. They only have to list sufficient debt to convince the court that their petition should be granted.

Curious as to how that response reconciles with the following language in Rule 1007 (a)(1):

“In a voluntary case, the debtor shall file with the petition a list containing the name and address of EACH entity included or to be included on Schedules D, E, F, G, and H as prescribed by the Official Forms.

And this language in the instructions to Schedules D, E and F as "prescribed by the Official Forms":

“State the name, mailing address, including zip code, and last four digits of any account number of ALL entities holding claims, etc.”
(Emphasis added)