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Brent Blanchard
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1905
Experience:  Twelve years experience in all aspects of debtor & creditor BK.
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Southern District of NY. Not all my creditors were declared

Resolved Question:

Southern District of NY.

Not all my creditors were declared in my petition. (I filed my petition through a lawyer, who is no longer on the case. )

Do I have an obligation to list every single creditor in my schedule F (and so file an amendment?) – does omitting a number of creditors throw my petition into jeopardy? (Some of these creditors appear in a statement of net worth filed in a matrimonial action, so they are known and may be brought to the attention the trustee).

Or do have the option not to list some creditors (although their debt of course won’t be discharged then). Given the option I would far prefer not to file an amendment even at the price of continuing to owe these creditors that I did not declare.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Brent Blanchard replied 3 years ago.
Thank you for your question.

I have never heard of a BK case being dismissed for failure to list all known creditors. It's sloppy, it's not right, but generally the only person "harmed" is the debtor by not having the relevant debt(s) discharged.

It might be considered a tiny bit rude, since the creditors will have a minor panic between the time they find out about the bankruptcy case and when they figure out that their account receivable was NOT listed on the schedules. Even then, there is some trepidation sometimes, concern that starting/re-starting collection efforts after the case is closed would only result in the debtor re-opening the case and getting it discharged anyway.

If a debtor wants to repay any particular debt, the "right" way to do it is to get, sign, and file a re-affirmation agreement.

But the end result you propose is for almost all practical purposes the same.

Thank you.

BAB.
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1905
Experience: Twelve years experience in all aspects of debtor & creditor BK.
Brent Blanchard and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.

 

I am involved in complex matrimonial case. My wife's counsel in that case has been attempting to influence the trustee to dismiss my petition. The trustee has actually filed for an extension (just granted by the court) in order to ‘investigate' my petition further.

 

This is why I need to be sure that not declaring these creditors won't be grounds to dismiss my petition.

Expert:  Brent Blanchard replied 3 years ago.
Can't really tell from this distance. The outcome will depend on the specifics of what creditors are omitted and any fair or unfair inferences as to "why" and whether not getting their debts discharged would somehow be a preference, or a big enough preference, to "prejudice" the other creditors.

Sometimes we just have to wait and see what type of cockamamie objections get tossed up by the opposition, and just deal with them then.

Thank you.

BAB.
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1905
Experience: Twelve years experience in all aspects of debtor & creditor BK.
Brent Blanchard and 3 other Bankruptcy Law Specialists are ready to help you

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