Posted on: 11th Apr, 2012 03:01 am
my aunt filed a chapter 7 bankruptcy a few years ago when her husband died. though she received pension, it was not sufficient for her to pay the bills. does the chapter 7 wipe everything she had prior to filing to include things she might have forgotten or just missed? does it include all that the creditor had not listed on the petition?
The chapter 7 bankruptcy won't include everything in it by default. Your aunt will have to report the debt accounts and her assets separately to her bankruptcy attorney and he will include them when he files the bankruptcy for her. If she does not report the debt accounts or assets correctly, her bankruptcy filing may get dismissed.
I recommend listing both the collection and the original creditor. The collection agency may have purchases the debt and be more than a collection agency at that point. Also, listing the collection agency means that that they will be notified of the automatic stay directly by the court and the phone calls will stop sooner. Regardless of what you do, remember that the new law that goes into effect in October 2005 requires you to list the original creditor at the address on your statements.