Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.*
Welcome to JustAnswer,So sorry to hear of this dilemma. If my answer is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.
Typically in such a situation the attorney would use the credit report augmented by whatever records the debtor has. The nature of the debt is typically obvious from the credit report – for example credit card debt can be listed as "consumer debt". It is not usually critical if an account number is XXXXX correct - stipulated debt would be discharged. Any debts that have been omitted may be added at a later date by reopening the bankruptcy case.
Please use the REPLY button if you have any questions concerning my answer. Otherwise please click ACCEPT so that I am paid by the site for answering.
Thank you for your quick response. So even inaccuracies such as an account balance would be ok? A listed debt might be so inaccurate that a future credtior who bought the debt might dispute the discharge - is that possible? How would something like that be handle if a new creditor came started going after the debtor several years later, for example?
So even inaccuracies such as an account balance would be ok? Correct - The account balance is almost never accurate for many reasons including accumulating interest and late fees
A listed debt might be so inaccurate that a future credtior who bought the debt might dispute the discharge - is that possible? How would something like that be handle if a new creditor came started going after the debtor several years later, for example? - In such an event the debtor would be required to reopen the bankruptcy for purposes of adding the creditor
Remember the debtor himself can and should take action to discover all debts
So regarding attorney liability if creditors try to sue the debtor after Chapter 7 is filed, an attorney is not required to call creditors and verify balances, account numbers and creditor addresses before filing Chapter 7? Going off the CBR and information provided by the debtor is good enough?
I would like to clarify that it is the debtors responsibility to assure that all debts are listed in the bankruptcy petition. It is not the attorneys responsibility nor within his typical scope of representation to call creditors to obtain or verify information
Thank you! Have a good night.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).