The Bankruptcy Code requires you to list ALL of your creditors. When you file for bankruptcy protection, you may not pick and choose who is and is not going to be included. If there is a special situation, it is imperative that you discuss it with your attorney so that we can explore all of your options. You must include every creditor, no matter how old the debt, even if you do not want to include it in your petition, you do not agree that any debt is owed, or even if someone else is supposed to make the payments. The question is not whether you believe that you owe money to someone, but whether someone might claim that you owe them money or that you did some sort of harm to them or their property. Never rely strictly on your credit report for such purposes. It is possible that some of your creditors may not have reported to the credit bureaus. Be sure to also include collection agencies, since sometimes the original creditor fails to notify its collection agency. Listing all creditors will ensure that everyone receives the appropriate notices required by law.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding What Creditors Should I List in My Bankruptcy?, or any other Bankruptcy matters, please feel free to contact Joel E. Sannes at 480.461.5307, or log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.