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Is Debtor Listing Party as Creditor an Admission in unrelated state action?

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    Is Debtor Listing Party as Creditor an Admission in unrelated state action?

    Debtor listed my client as a creditor in his bankruptcy filing. Debtor just listed my client's name and address, but did not indicate any amounts owed.

    I assume the debtor listed my client as a creditor. If so, does this act as an admission (I assume a judicial admission) that I can use against the debtor in the contract action (New York State)?

    Thanks.
    Last edited by LadyInTheRed; 06-20-2013, 10:29 AM.

    #2
    The debtor must have listed your client as a creditor. That does not act as an admission. Download the petition and any amendments from PACER and look for Schedule F. I bet it lists the debt as "disputed".

    I edited your post to remove the discussion of the issues that overlap with your other post. It's against forum rules to post the same question twice. It causes confusion when the same issues are being discussed in two places.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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      #3
      Thank you Lady for the helpful edit and the answer. Indeed I did find an amended schedule F marked as you mentioned. Thanks.

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        #4
        My opinion is that the debtor list everyone and everything that they could "possibly" owe any money to, right down to the kitchen sink, even disputed claims. You want to make sure that everyone has the opportunity to participate in the plan if they have valid claims.

        This is no admission of debt at all (as LITR) states.
        All information contained in this post is for informational and amusement purposes only.
        Bankruptcy is a process, not an event.......

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