Yes. But still list the original creditor as an additional notice recipient.
Just by asking this question, it appears you are attempting to represent yourself. Some people do, but it is a bit like being your own dentist--you can do it, but it will probably hurt a lot more. Before you do that, you should consider having a free consultation with an attorney. I have had people hire me because they filed on their own and needed help later. It is terrible to tell someone that they could have protected an asset if they had used an attorney, but because they did not plan properly the bankruptcy will cost them far more than the attorney would have.
I am an Attorney with Fife & Cesta, a compasionate bankruptcy firm conveniently located off the US 60 in Mesa, Arizona. In addition to our other areas of practice, Fife & Cesta is a debt relief agency. We help people and families file for relief under the bankruptcy code. https://plus.google.com/#105782058221121955478/posts The answers given here are based on the information in the question, but for a complete answer you should have a consultation with an attorney you trust. Call (480) 850-6541 for a free bankruptcy consultation. We carefully evaluate your situation and give you real advice.
It does not really matter whether you list the original creditor on schedule f or list the collection agency or new owner of the debt on Schedule F, just make sure both are listed either on Schedule F or as an additional notice creditor. If you are filling out the forms by hand, I'd list both of them on schedule F. You are obviously trying to file your Ch7 by yourself. Please reconsider and hire an attorney to assist you. While it may seem that filing bk is just a matter of filling out forms, it really is much more than that and if you do not get it right it will cost you a lot more than an attorney's fee.
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I usually list both as creditors if the collection company owns the debt unless I am 100% sure as sometimes a collection agency does not own the debt. Or like has been previously stated you could list the cc as an additional notice recipient as they no longer own the debt.
Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. I am attaching a link to some free videos that explain how bankruptcy works. Most Arizona consumer bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Please take time to educate yourself about bankruptcy and to determine which attorney is the best to assist you in the process. Don’t assume the attorney is being completely honest about their experience and capabilities. Check them out. Avoid the attorneys who advertise on TV or profess a 100% success rate in their Internet ads. It costs hundreds or thousands of dollars for these ads and someone has to pay for them – the clients. These attorneys mass produce the work and do not offer the client the hands on assistance that is necessary in a well-planned bankruptcy. Normally these firms assign all or most of the work to paralegals and the client rarely talks to an attorney.
When interviewing the attorney ask them how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both chapter 7 and chapter 13 cases. Ask the attorney for references. Ask about their policy of returning phone calls. They should be committed to answering specific questions about your situation and help you understand your options. If, after talking with them you are still confused about the issues you raised, find another attorney. Check them out with the various ranking sources: such as www.AVVO.com, and the State Bar. An attorney is should be your guide through this process. They should educate you, be there to assist you in how to avoid pitfalls and help you plan for your future after bankruptcy. There are hundreds of “bankruptcy” attorneys in Arizona. Of those just a few will fit the criteria set forth above. Again, bankruptcy is a very complicated process and you want to use an attorney who will be there when you need them.
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This firm is in the business of helping people and companies file for bankruptcy protection. Therefore, the bankruptcy code requires that we call our firm a "debt relief agency." This information is provided for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the related issues. Nor is this advice intended to create a client - attorney relationship. Every individual's factual situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state or locality regarding specific information.
Yes, list both of them. This prevents any potential collection actions in the future. There are times when the collection agency will send the debt back to the original creditor. If they don't have notice, they may continue to collect against you.
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We are a debt relief agency. We help people file for relief under the Bankruptcy Code.
If you live in Arizona, please contact me for actual advice; this is just speculation. It certainly is not legal advice. I don't have enough information to give actual legal advice. I can only take the limited information presented and provide a idea of what you might do and how it may turn out.