Buckeye, AZ asked in Bankruptcy for Arizona

Q: When you put name only for creditor on master list is that account dischargeable Chapter 7 proper

A utility company says my spouse account is dischargeable bc I put his name but I listed that creditor twice bc I didn't have my account #

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1 Lawyer Answer
W. J. Winterstein Jr.
W. J. Winterstein Jr.
  • Bankruptcy Lawyer
  • Boyertown, PA

A: The reason why the Bankruptcy Code requires you to provide a list of claims and creditors' names and addresses is so that all your creditors can be notified of the filing of your bankruptcy case and file a proof of claim, and to receive any distribution that might be available. But the Bankruptcy Code also provides that an omitted creditor's claim is not discharged, unless that creditor receives actual notice of the bankruptcy filing in time to file a proof of claim. For instance, if you or someone else notifies the omitted creditor of the bankruptcy case, with the location of the court and the case number, that creditor's claim should be dischargeable, assuming you can prove that you notified the creditor. It is usually not fatal if you fail to provide an account number, so long as you provide the creditor's name and address on your schedules and mailing matrix.

Timothy Denison agrees with this answer

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