Who To List As A Creditor For Individual Bankruptcy

[JohnErick]

What is the name of your state? California

I am doing a bankruptcy myself via an automated online site, and I have a question re: creditors and who to list?

In on case, I was taken to court by an apartment management company for a month's rent. Eventually, their attorneys took this to court and won the case. The attorneys show up on my credit report, but who do I list on the bankruptcy form? The original apt. management company (plaintiff), or the attorneys? Also, does the sheriffs dept. assigned to collect the debt need to be listed?

In a couple other cases, the original debt has been given to collection agencies to collect. Do I list the original creditor or a collection agency?

Thanks

 

[dorenephilpot]

On the apartment debt, list the management company or individual to whom you owed the debt. If it went to a collection agency, you would also list the collection agency.

The sheriff need not be listed as a creditor, unless you have some screwball thing in your state where the sheriff's department actually buys debts and then services them. My guess is that they're merely trying to enforce a court order, which would be within their realm of responsibility.

If you DO list the sheriff's department as a creditor, however, it won't hurt anything and then that way those folks will get the notices from the BK court and know to leave you alone.

On the other debts, list both the original creditor and the collection agency. You don't cause any harm by doing that, and you're covering your fanny.

As far as the lawsuit, there's a place on the Statement of Financial Affairs that asks for lawsuit information. That's where you need to list the information about the lawsuit itself.

Hope this information helps.

 

[JohnErick]

One more question!

Thanks dorenephilpot for that information! I do have another question.

When fillin out the paperwork, if I list both original company and creditor, do I fill in the amounts owed for each? Won't that affect the total amount that I am in debt?

Also, on the apt. thing, the notice of garnishment lists the attorneys for the apt. management co. as the judgment creditor. They have been the ones that have called and sent letters demanding payment. But, the law office is listed on the garnishment under "Attorney or Party without Attorney", but under plaintiff it still says "Arnel Management Co."...

Thank you so much for the help!
John

 

[dorenephilpot]

Yes, in essence, you'll be listing the same dollar amount due twice -- once for the original creditor and once for the collector.

That will make it look like you owe even more money than you do, but there's no harm in that because there's not an upper limit on what you can get discharged.

Best of luck to you!