I've decided to go bankrupt and cant remember a couple of debts I've had in the past from many years ago. If I go bankrupt are those debts I forget to list still valid? Or am I exempt from them as well? They are non collateral debts I dont own any asset of value. Mostly just credit card and gym or medical debts.
Debts that are not scheduled are not discharged. The best course of action is to get a credit report before filing. Talk to a bankruptcy lawyer.
The above is a general answer and is not considered legal advice. You should contact an attorney before proceeding to take any legal action, signing any papers or upon service of a summons.
You must list all your debts in order for them to be discharged, otherwise they will not be discharged.
Trying to represent yourself in Bankruptcy is unwise to put it nicely. There are both Federal and Local Rules of Bankruptcy that must be complied with. It is not merely filling out forms. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced bankruptcy attorney. Do not let geographic restrictions interfere with your choice of an attorney. You need to pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Run your credit report. Most will be on there. If you have a no asset chapter 7 case, the better argument is that these non listed debts are discharged anyway.
Happy Thanksgiving. It is imperative when you file for bankruptcy that all your creditors are listed. The most important thing you need is the creditor's name and address. I would never take a chance and exclude a creditor simply because you think it's too old or they haven't contacted you for a while. It's best to be safe then sorry. Anyone you may owe money to is a creditor and should be listed. Good luck.
Under legal precedent, all debts are discharged on bankruptcy - with some exceptions, of course. With this said, unlisted debts are not an exception to the rule - this means that they, too, are discharged even if they're unlisted. With that said, it's best practice to send them all letters with a copy of the Discharge Order. It could save you headaches down the road...
Good luck with your case!
Jonathan D. Warner, Esq. is an attorney who is licensed and admitted to practice in the State of New York, U.S. District Courts for the Northern, Southern, and Easter Districts of New York, and U.S. Tax Court. This answer is provided only for informational and/or entertainment purposes only. It should not be relied upon as legal advice, which can only be offered to clients in an office consultation setting, after all of the facts and circumstances of a case or controversy can be fully considered and reviewed. No attorney-client relationship should be inferred by virtue of any answers posted. Before commencing any legal action or assuming any legal position, an attorney licensed in your jurisdiction should be consulted beforehand. We are a debt relief agency and help people file for bankruptcy.
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