You are required to list all your debts and assets in your bankruptcy. But no matter how diligent some debtors are, some debts may not be listed. This is typically because a debtor honestly has no idea they owe the debt or was mistaken regarding the debt listing in the first.
So what happens? It depends on the case.
In Oregon, for a Chapter 7 cases:
1. If the trustee determines your case is a no asset case, then the debt is discharged, although you must still notify the creditor of the bankruptcy. This is because of the Beezley v. Cal. Land Title Co. (In re Beezley), 994 F.2d 1433 (9th Cir. 1993) case.
2. If the trustee administers assets in your bankruptcy, the debt is likely not discharged.
In Oregon, for Chapter 13 cases:
1. You have a limited amount of time after the filing of your Chapter 13 to add creditors. If you do not formally add creditors to the case, their debts will not be discharged.
Be as absolutely thorough as you can when notifying your attorney about missing creditors. The penalty for missing creditors is extreme if you fail to list them.
What if I forgot to list a creditor?
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