Finance Q&A

Anybody have Personal Bankruptcy ( Texas)?

Edwards Finance > Loans

Q. In a personal bankruptcy filing, I assume all listed creditors are made aware of the procedings and potential discharge of debt. What about creditors who are inadvertently not listed, not contacted, etc? For example, bills and debts that may have been sold and re-sold and the debtor is clueless about the actual current situation (amount owed and/or to whom), disputed or forgotten medical bills from third-party providers, etc? Is there a legal provision, perhaps for public notice inviting creditors to step forward, that addresses this situation? Or, can "missed" creditors come forward following bankruptcy and insist on being repaid?

A. The responsibility of listing all debts to be discharged is on the party filing for bankruptcy. If a missed debt is located prior to the bankruptcy being final, it can be added. There is generally a debtor's conference where debt holders can come forward and challenge the bankruptcy. Once things are final, any missed debts remain debts. It is possible to petition to reopen the bankruptcy, but there would have to be some pretty unique reasons to do so. It is important to nail down all the debts since once it is final, you cannot file again for 7 years, so you have to live with any mistakes.

 


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