A creditor has demanded payment after I have filed for bankruptcy, what can I do?
This is where the automatic stay protects the debtor. An automatic stay is a process in bankruptcy law that halts actions by creditors (with certain exceptions) to collect debts from an individual who has declared bankruptcy. If a creditor attempts to repossess your property without the permission of the bankruptcy court, after your case has been filed, it becomes a violation of the automatic stay. If a creditor takes possession of property you own (a vehicle for example), they must return it immediately.
The court has the ability to punish creditors who deliberately violate the automatic stay and the creditor is liable to the debtor for harm caused!
Do I have to list all creditors to the bankruptcy schedule?
All debts must be listed with the name and address of the creditors. This process is necessary because after a creditor is listed, they will receive notice of your filed bankruptcy. All creditors must be listed, even if you wish to pay individual debts separately. After your debts have been discharged, you may still choose to voluntarily pay select creditors without the legal obligation.
I forgot to list a creditor, what happens now?
If you discover you have forgotten to list a creditor in the bankruptcy schedules, you should contact your attorney as soon as possible. Your bankruptcy attorney will need very specific information, so it is important you have the following: Name and address of creditor left out of schedule, amount of the debt owed, and value of any collateral.
Remember, that if any debt is left out of your bankruptcy proceedings they may not be discharged and you can be held accountable for the full amount owed.