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Should I list collection agencies on my list of creditors of unsecured claims?

Asked in Fox River Grove, IL - almost 4 years

On my credit report, I have the original creditor and then in some cases the collection agency. Should I list every company that is stated I owe?

Attorney Answers (2)

Henry Repay

Henry Repay

Elgin Bankruptcy Attorney

Licensed in IL

Answered almost 4 years ago. The law has specific requirements now regarding the proper notice to creditors. Very likely, you must list the collection agencies since they represent the most recent addresses for bills or notices you have received.

Bankruptcy under the recent laws is extremely complicated. Many attorneys stopped taking the cases. It is hard to imagine that individuals can file cases on their own without mistakes that will cost them more in the future than the cost to use an attorney at this time.

The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) your income information for January through July, including wages and unemployment during that period; (2) all your bills (several months' copies neatly assembled); (3) last four years' tax returns; (4) a credit report; and (5) other information that may apply, such as copies of lawsuits. Set up an appointment at your earliest convenience to afford the most opportunity in which to be advised about your best course.
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Jeffrey Daniel Larkin

Jeffrey Daniel Larkin

Redlands Bankruptcy Attorney

Answered almost 4 years ago. Yes. The goal is notice, notice, notice. Both the original creditor and the collection agency should be noticed provided you have the information.

LEGAL DISCLAIMER
Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Larkin strongly advises the questioner to confer with an attorney in their own state to acquire more information about the specifics of their case.
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