Do I Need to Include All My Creditors in My Bankruptcy?

Yes, you must include all of your creditors in your bankruptcy schedules. A creditor is defined in the Bankruptcy Code as "an entity that has a claim against the debtor that arose at the time of or before the order for relief concerning the debtor." This means that anyone you owe money to at the time your bankruptcy is filed must be listed, including credit cards, car loans, mortgage and even a friend or family member. A concern many people have when filing bankruptcy is if they will be able to keep their belongings.

In most cases, a person will be able to keep everything including their house and car. By not listing creditors, you will only be hurting yourself. If you do not list all your creditors, then the creditor will have no way of knowing that you filed bankruptcy.

The automatic stay will never be enforced and they could continue to garnish your wages or pursue a judgment. The Bankruptcy Code requires that all creditors be listed. At the meeting of creditors, the Trustee will ask you under oath if you have listed all of your creditors and assets.

By purposely withholding creditors from the bankruptcy, you are committing a crime, perjury. If the trustee discovers creditors were intentionally left off of your bankruptcy, they can deny or revoke your discharge. If your discharge is denied or revoked you will be liable to pay all of your creditors, including the ones that were listed on the bankruptcy. For this reason, it is important that all ofyour debt is listed.

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. For guidance regarding your specific situation, please contact A & L, Licker Law Firm, LLC directly.