Can You Discharge Unlisted Debts in a Chapter 7 Bankruptcy?
If you are considering a Chapter 7 bankruptcy, you probably have some questions about listed and unlisted debts and exactly how you should go about handling them and what happens if you get it wrong.
Here is a quick overview about discharging unlisted debts if you have a no asset Chapter 7 bankruptcy.
Filing a Chapter 7 Bankruptcy Without Knowing All Your Debtors?
The whole purpose of filing a bankruptcy is to eliminate as many debts as you can. However, if you don't know all the parties you owe money at that moment, you still have options. This scenario is most common when:
- You've had health issues and procedures performed, but haven't received all the bills yet.
- If your debts are so old you can't remember them all.
- Or, if you've gotten in the habit of throwing away your past due bills because you know you can't pay them.
In a Chapter 7 bankruptcy, if no assets are being liquidated, it is known as a no asset case. You are required to do your best to list all your debts, but if one is forgotten, it is moot since they would not have received anything anyway.
What Happens Next?
Once your bankruptcy has been received, all your debts are dischargeable even if you didn't list them, if the debt existed prior to the date you filed.
What Happens if an Unlisted Creditor Objects?
If any of your unlisted creditors have a basis to object to your discharge, such as in the event of fraud, they can opt to reopen your case. The argument which would ultimately allow them to reopen your case would be that they did not receive the notice of bankruptcy in the allotted time to file an objection.
The Bottom Line
Filing a bankruptcy is something you don't want to take lightly. It's in your best interest to hire a seasoned professional to ensure everything is received properly and that you are receiving all the benefits available to you under your Chapter 7 bankruptcy case.
If you would like more information about filing a Chapter 7 bankruptcy, please contact us today. We have over 40 years experience in bankruptcy and family law and look forward to helping you get through this difficult chapter in your life.