ClickCease

TRANSCRIPTION OF VIDEO

The question is: What happens if I don't list all of my creditors on my bankruptcy schedules? The answer to this question can vary a little bit. It depends on what type of Chapter 7 case that you have as designated by your Chapter 7 trustee. There are two types of cases. There's no asset cases and then there's also asset cases.

If your case is a no asset case, that means that there's no distributions that are going to be made to your creditor. In the Ninth Circuit, which is the Circuit in which Nevada bankruptcy cases are filed, there's a rule or case law which is a decision that a judge made which says that even if you fail to list all of your creditors in a no asset case, those debts are still discharged. The reasoning is that those creditors wouldn't have had an opportunity to receive any better treatment had they known about the bankruptcy.

The exception to that rule is that if it was a non-dischargeable type of debt, then even if it's a no asset case, it wouldn't have been dischargeable in that case anyway. If your case was an asset case and you failed to list that creditor, then yes, the answer is that that creditor may not be subject to your discharge and they'll have the right to pursue collection action against you after your case has been closed and discharged.

Clear Counsel Law group

Contact Info

1671 W Horizon Ridge Pkwy Suite 200,
Henderson, NV 89012

+1 702 522 0696
info@clearcounsel.com

Daily: 9:00 am - 5:00 pm
Saturday & Sunday: By Appointment Only

Copyright 2019 Clear Counsel Law Group® | Nav Map

Nothing on this site is legal advice.