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    #16
    It shouldn't be possible to NOT list all creditors, active or inactive, money owed or not.

    My attorney pulled a copy of my credit history and it was all there in painstaking detail, right down to the monthly amounts I paid to each entity for the last two or three years. This report was not Trans-Union, Equifax, or Experian.

    When a debtor sits down with a BK attorney to finalize the petition for filing, the attorney should challenge the debtor and reiterate the necessity for 100 percent honesty. Mine did.

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      #17
      Originally posted by tay666 View Post
      Looks to me that this was a requirement of your attourney, not the BK court.

      Specifically the part where it says that "those creditors will not be included in the filing"

      So, were they on the actual BK paperwork that was filed with the court?
      Or were they just on the credit matrix that you gave your lawyer?
      As I stated previously, our attorney advised us this was a requirement by the Trustee and the two open credit accounts we had with zero balances were listed on the paperwork/filing submitted to the BK court. When we received our approved plan 3 months later after our hearing, the two accounts were not listed on the creditor matrix. That is why I have been stating on here that one should always ask their attorney as to any specific issues if there are questions because what one person has to do the other may not. You can argue points forever but if one person is required to do it, all the arguing in the world will not change it for someone else who has to do it and doesn't think it should be done. No one, at the time of filing BK, thinks about arguing with their attorney about providing documentation that they are told is a requirement.
      _________________________________________
      Filed 5 Year Chapter 13: April 2002
      Early Buy-Out: April 2006
      Discharge: August 2006

      "A credit card is a snake in your pocket"

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        #18
        If you have told the attorney about the accounts and he said not to list them, how is that not being honest?


        Originally posted by kornellred View Post
        It shouldn't be possible to NOT list all creditors, active or inactive, money owed or not.

        My attorney pulled a copy of my credit history and it was all there in painstaking detail, right down to the monthly amounts I paid to each entity for the last two or three years. This report was not Trans-Union, Equifax, or Experian.

        When a debtor sits down with a BK attorney to finalize the petition for filing, the attorney should challenge the debtor and reiterate the necessity for 100 percent honesty. Mine did.

        Comment


          #19
          I checked with our attourney and he said if you owe ZERO you do not have to list it. So hopefully we will have the one left at the end of BK. It is linked with our checking acct with Wells Fargo and it is basically a overdraft protection and we will only use it if necessary and pay the over draft should we need to use it the same month we use it.
          So far it has not been used. I also plan NOT to use it.
          We are already starting the cash and carry plan even before we file.
          Tell you what those credit cards were what were making things tough. A lot more breathing room now that there is no cc bill to send. Can actually make a payment on a utility or etc... without wondering how to pay it because we paid a cc bill.
          Still have a long way to go, but glad we are making this decision. Just wish my husband was on this page with me also. Hard, because he doesn't pay the bills. I do.
          Schel
          Discharge 1/19/2009

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            #20
            Our attorney does a trimerged report which automatically only pulls creditors onto your matrix that you owe to. None of my cards with a zero balance was listed.
            Filed 4-21-2008
            7/16- DISCHARGED!!!!

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              #21
              Originally posted by kornellred View Post
              It shouldn't be possible to NOT list all creditors, active or inactive, money owed or not.

              My attorney pulled a copy of my credit history and it was all there in painstaking detail, right down to the monthly amounts I paid to each entity for the last two or three years. This report was not Trans-Union, Equifax, or Experian.

              When a debtor sits down with a BK attorney to finalize the petition for filing, the attorney should challenge the debtor and reiterate the necessity for 100 percent honesty. Mine did.
              I don't understand the issue. The creditors can check your credit at any time to see that you have filed bk or that you have stopped making payments on your other cards. If you charge up an unlisted card during BK, then you have a bigger problem than dishonesty. You could have your entire BK dismissed for this. If you don't charge on them and they survive, then they survive. Who cares? As I said before, the creditors can check your report any time to find out you filed and determine if you are still credit worthy. The only real issue I can see is that a creditor could charge up those cards during bk, but I'm not sure it's the courts place to babysit your morals while you are in the process of filing.
              Filed 4-21-2008
              7/16- DISCHARGED!!!!

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                #22
                hi,

                I have been working on and preparing to file c7 for a few months now. haven't paid cc in months (close to 8 months for some) and many have gone the collection agency route. when i list creditors, do I also list the original banks that issued the cc or the collection agencies that now "own?" the debt?

                thanks!
                Filed: April 2009
                341 Meeting: April 28, 2009
                Discharge: July 1, 2009

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