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Ask Ellen Your Own Question
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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We have been left out of the creditor list on a ch 7 bk filing.

Customer Question

We have been left out of the creditor list on a ch 7 bk filing. We would rather be a creditor. Can we force petitorner to list us? This is not a misake as we have big lawsuit against him.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 8 years ago.

You can attend the 341 hearing even though you have not been named as a creditor. You can question the debtor at the 341. You will also want to file a proof of claim with the bankruptcy court. Often the trustee will have the forms available at the 341. If not, you can obtain the form at the clerk of the bankruptcy court's office.
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Customer: replied 8 years ago.
Is the petitioner not required by law to list all creditors?

He is playing favorites, can he do this?

Thats all.
Expert:  Ellen replied 8 years ago.

He is required to list all creditors. Unfortunately there is not a penalty for neglecting to do so.