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When listing creditors for bankruptcy filing, must the debtor

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list and notify third-party credit...
When listing creditors for bankruptcy filing, must the debtor list and notify third-party credit agencies that are collecting for creditors?
Submitted: 6 years ago.Category: Bankruptcy Law
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Answered in 19 minutes by:
8/2/2011
Bankruptcy Lawyer: Phillips Esq., Attorney-at-Law replied 6 years ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 19,845
Experience: B.A.; M.B.A.; J.D.
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Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

Do you mean debt collectors or credit counselling agencies?

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Customer reply replied 6 years ago

Thank you for responding - Third- party debt collectors.

Bankruptcy Lawyer: Phillips Esq., Attorney-at-Law replied 6 years ago

Thank you for your quick response:

 

Question: When listing creditors for bankruptcy filing, must the debtor list and notify third-party credit agencies that are collecting for creditors?

 

Response: Yes. You list the creditor, the account number, the amount of debt, and the address of the creditor. In the comment section you would list the approximate date the debt was incurred, and the purpose of the debt.

 

Then you separately list the collection agency as another creditor, but this time you would be listing the reference number or account number with the collection agency, the amount of debt is zero because you do not list the amount of debt twice to prevent double counting of your debts, and the address of the collection agency. On the comment section, you would indicate that that this a collection agency for so and so, and the account number of the creditor.

 

You always want to list the creditor and the collector both on the Schedule to ensure that notices do go out to both of them and to prevent the collection agency from contacting you after the bankruptcy is filed with the excuse that they did not receive the notice.

Phillips Esq.
Phillips Esq., Attorney-at-Law
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