How do I find people I owe money to if they don't report to the credit agencies?

[stark6935]

I was told to let the attourney know any sort of debt owed that is not on my credit report. Only problem is I can't remember all of them, and I know some of them are not on there. Any advice? I don't want them coming back at me 6 months after I do my BK...

[jlynn275]

good question. I was wondering this as well!

[free2breathe]

You just do your best to remember them all. If they aren't on your credit report, and you don't remember them, not much you can do. However, if you are a no asset chapter 7, chances are that the courts would consider any pre-bankruptcy debt to be discharged.

Before someone jumps in and says, "No, that's not how it works, " please note that I said, "chances are". Many things in bankruptcy include "what if" and "but then". The school of thought on this is that if your debts are discharged and you are a no asset chapter 7, there wouldn't have been any funds to distribute to a pre-bankruptcy creditor anyway. If, by chance, you end up being an asset chapter 7, you would need to pay (approx the same as original filing fee) to reopen your case and amend your schedule F to include the forgotten creditor.

Edited to add: Also, if you happen to remember a creditor AFTER you file, but before you are discharged, you can amend your schedule F and creditor matrix. If you have an attorney to do this for you, they may charge you a fee on top of the $26 that the bankruptcy court would charge to amend.

[stark6935]

I don't really own anything of great value (House, stocks, etc.) All I own is my car for the most part... Thanks for the reply, but anyone else have advice?

[free2breathe]

Your attorney should be able to tell you with reasonable certainty if your case is going to be no-asset. It sounds like it will be, in which case you'll be fine. The majority of Chapter 7 cases do turn out to be no-asset. However, since you are paying an attorney, give the office a call and express your questions/concerns. They'll be able to give you legal advice

Also, do a search on this forum for "amending a schedule". You'll find many posts referring to this same situation...forgetting a creditor or having a creditor contact you post-bankruptcy. I've found so much information just searching the forum. It really is a great source of information.

[tcreegan]

Hi all,

couple things....

....BK courts have consistently held that prepetition unsecured debts not listed are still discharged

....if any prepetition debt collector comes a' calling, send them a certified letter including the BK notice w/ case # and file date

....and if they persist w/ the 'well we didn't get a notice so you still owe' send a nasty letter accusing them of violating the discharge injunction and you will take them to court for damages.

Ok, three things actually....more like 2 1//2....

Tom in Colo

[stark6935]

Thanks for the advice everyone.

[df04527]

Thanks Tom -- i have been SO worried about the same thing. People owed that your not aware of by the time you file. Makes perfect sense.

[nekom]

Have you checked your report with the `4th bureau', Innovis? They used to be mainly for mortgages, but more and more creditors and even some collections agencies are reporting to them. Worth a shot, though you can not (that I know of) access it online in any way, you must request it via USPS.