On the appropriate schedules included in the BK kit. For example, creditors holding unsecured priority debts and creditors holding unsecured nonpriority debts are listed on different schedules. Likewise, executory contracts and leases on another schedule and so forth. The designation for each type of schedule may differ somewhat when the BK is a state filing. All instructions and forms should be included in the BK kit. Having said that, a far better choice is to retain a qualified BK attorney. Not advertising, just stating a fact.
You do if you owe him money. You must include ALL creditors.
You can get a list of your creditors by checking your credit report. Most of all creditors will report to the agencies and will have a record.
An easy way to find out what collection agencies you owe money to is by pulling your credit report. Credit reports will list balances with all creditors as well as if any balances were turned over to collection agencies.
You will list on the petition the actual names of the creditors not the collection agencies. After you file your petition you will give your docket number to any of the creditors or the collection agencies who are trying to collect monies for the creditors listed on the petition when they call you or send their demand letters. Please be very careful to include ALL the creditors you wish to declare bankruptcy on. Once you file your petition you cannot add creditors later. You can actually amend your BK Schedules anytime prior to discharge, so if you forget someone, its not too late. However, you will have to mail the notices of Commencement of Chapter 7 yourself and will be responsible for renoticing the creditors if notices are returned due to a dead address or forwarding expiration. I recommend listing both the collection and the original creditor. The collection agency may have purchases the debt and be more than a collection agency at that point. Also, listing the collection agency means that that they will be notified of the automatic stay directly by the court and the phone calls will stop sooner. Regardless of what you do, remember that the new law that goes into effect in October 2005 requires you to list the original creditor at the address on your statements. I am a bankruptcy attorney and I always list both the original creditor and the collection agency or attorney representing the original creditor so that the creditor cannot later complain that they did not receive proper notice of the bankruptcy. I always pull a fresh credit report from all 3 bureaus on the date the petition is filed so that I don't miss any creditors who may have bought an account or that are representing a creditor in some way.
You have to provide the court with a list of all your creditors, called the creditor matrix, which the court uses to send notice to all creditors.
The new bankruptcy law requires that you list the original credit. However, I recommend reporting both. It doesn't cost you any extra money because the bankruptcy court mails out the notices and the harassing phone clals will stop sooner if you notify the collection agencies as well as the creditors.
Creditors list the charge off date as the date the bankrupcty was filed
You can find a list of all the collection agencies in Nevada at www.nationalmanagement.net/collection_agency_states. Another good site is www.resourcesforattorneys.com/collectionagency/nvad.html
Only those creditors you list on your bankruptcy schedules / creditor matrix (list) will receive actual notice.
You don't have a choice. You list all of your creditors and the court notifies them of the filing. If you deliberately omit a creditor from the list you can be charged with a federal crime and, more seriously, denied a discharge or have your discharge (as to ALL creditors) revoked.
There are several collection agencies in the world. Some examples include: Americanprofit, Avonmere, Capquest, Direct Recovery, Equifaxs and Olddebts.
== Forever ! That sounds extreme, but given the current boom in zombie debt collection, a 20 year old debt included in a bankruptcy could come back to haunt you down the road and you would have to produce proof that the debt WAS included in your bankruptcy to make the collection agencies back off and go away. Keep copies of your complete bankruptcy petition, all schedules, the list of creditors and your discharge letter in a safe deposit box (or similar) and never lose it. If storage is a problem, at the very least scan the entire petition and burn it to a CD and keep IT in a safe and fireproof location.
Yes. When you file bankruptcy you are required to fill out a number of forms. Schedule D is the form for Creditors holding secured claims and a home mortgage is a Secure Debt. You will have a complete list of all your creditors names, addresses, account numbers on a form called the Creditor's Mailing Matrix. The Bankruptcy court sends notification to all the creditors listed that you have filed bankruptcy.
You had to give a list to the court. If you did not have an attorney and did not make a copy of Schedules D, E and F or the matrix, you can get a copy from the clerk's office or from the place in your state where they store old bankruptcy files.
Yes you can, in fact, you are required to list all creditors, which would include your mortgage lenders.
An approach to find Collection Agencies in the city of New York, is find them through Collection Industry Member list. Like; CLLA, ACA International, etc.
Only your creditors should receive the bankruptcy notice. A careless petition preparer could have names and addresses on the list that do not belong there. If you don't owe your bank any money, they should not be on the list.
if its related to the bankruptyc, you can include it. and the creditors will have to remove it or flag it for removal in 7/8 yrs because an eviction is related to owing money or a summons, and a bankruptyc filing will/can squash those writs of order to pay. You have to manually add that into your list of creditors when filing for the bankruptcy.
Codebtors must be listed in the bankruptcy, and put in the list of creditors if you want the codebtor to receive notices. No one is "invited" to the creditors' meeting, but notices are mailed to all the creditors, which/who may attend if they wish.
The normal procedure is to file a motion to reopen the case so you can add the crediotr that you forgot to list. A great deal depends on whether or not you had assets available to pay creditors. In some areas of the country, unlisted debts are still discharged if you have a "no asset 7" when no money was available to the creditors. You should consult a bankruptcy attorney to determine if further action is warranted.
When an individual files for bankruptcy, he/she must list down all the creditors and debts that they have. If the bankruptcy has already been filed and the individual has incurred new debt but has not yet been discharged by bankruptcy, that new debt is not included in the bankruptcy discharge. For an official opinion, it is advised you seek legal counsel. It is really important to seek legal advice from the expert about filing for bankruptcy.
One can find a bankruptcy list online from Pacer, which is a government website that has copies of national archives of the list of bankruptcy. One may have to pay a fee in order to gain access to the list of online bankruptcy list.
The court should take care of sending those but for creditor list-take them all off your report, that way you don't miss any by accident. Also, make sure you get collection agencies for5 all of them
Bankruptcy is an extremely complex area of law. You should have the situation reviewed by the attorney who is handling the estate. Perhaps you could also contact the attorney who handled the bankruptcy to determine if the process was completed and if you could obtain a list of the creditors who were addressed in that proceeding.
Debts incurred after a bankruptcy is filed cannot be added to the BK and therefore would not be discharged. Any debts not discharged in a bankruptcy are subject to collection by any means available to the creditor under the laws of the state where the debtor resides,