Creditor not listed

[jlc614]

What is the name of your state? NY

I signed my paperwork yesterday and the attorney is filing today woth the courts. I have a question for a friend who actually already filed. She stated that she did not list two credit cards because her attorney told her that if she listed them to reaffirm that the creditors would close them and since they were only for $200 each not to worry about it. I have seen on this site and was under the impression from my attorney that all debts had to be listed. What could happen to her???? I am concerned because she does not have a lot of money to spend on fixing her matrix. Can she get in trouble??? I have seen in my job as a mortgage processor that accounts were not listed in BK because the borrower forgot them or whatever...can she get in big trouble?

 

[JETX]

You don't say whether her bankruptcy is a chapter 7 or chapter 13. If a chapter 7 'no asset', all the creditors are not required to be listed. The discharge would still apply to the unlisted ones.

However, if this is a chapter 13 (reorganization) the debt for a creditor that is not listed is not discharged on the court order. Simply, if you want the debt included, list it.

 

[jlc614]

Sorry She filed Chapter 7

 

[donnymax]

If a chapter 7 'no asset', all the creditors are not required to be listed. The discharge would still apply to the unlisted ones.

Our atty told us that a creditor must be listed in order for the debt to be discharged.

 

[JETX]

And if it was no-asset chapter 7, your attorney MAY have told you incorrectly. The issue of must report or not has been ruled on both ways by the court.

For more on this, I refer you to my post located at:
https://forum.freeadvice.com/showthread.php?threadid=174669&highlight=liquidation

 

[jlc614]

Thanks for the replies. She doesn't want them discharged so I guess it may be alright. I was just concerned whether she could get in any kind of trouble for not listing them.