What Happens If I Left Out Listing Some Creditors During Bankruptcy?
Posted By Infinity Law Group on Jul 12, 2010 7:30pm PDT
If you have what we categorize as a “no-asset” (means that the debtor has no money left over in the bankruptcy estate that the Trustee or creditor can claim) case in a Chapter- 7 Bankruptcy in the Greater Boston area, and you miss some creditors, chances are that your debts will be forgiven in Bankruptcy, even if there were no notifications to the missed-creditors.
How can this be? Well, the logic behind this claim says that even if the creditor was notified, what rights did they forgo in objecting to your case if there were no assets in the first place? Unless the debt was great enough and the creditor had a compelling fraudulent (very difficult to prove) cases against you, then you are in the clear, most likely.
The burden is on the creditors to prove fraudulence and that they should’ve been on notice since debtor hadn’t paid bills in a while, that perhaps debtor did file for Bankruptcy. All they have to do is access the e-filing listings of the Bankruptcy Court.
A debtor always has the right to re-open their case and amend the creditor listings.