If I have been listed as a creditor in a bankruptcy but was not aware of any debt, should I contact a lawyer?
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If I have been listed as a creditor in a bankruptcy but was not aware of any debt, should I contact a lawyer?
I have received 2 official letters from an attorney regarding a bankruptcy. I am apparently listed as a creditor. I am not aware that I have ever had contact with the bankrupt, however, they were just hit with a class action lawsuit for $195 million. I would like to know if I should contact a lawyer? They are requesting a proof of claim by a certain date. I think I should ignore it but I also do not want to be hit on my credit.
Asked on April 16, 2012 under Bankruptcy Law, Tennessee
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you do not believe that you are a creditor of the person or entity that sent you a proof of claim concerning the bankruptcy that you are writing about, then you really can ignore the proof of claim and not fill it out and return it to the court for filing. However, if you believe that you are owed money by the debtor or unsure if you are, it is best that you timely consult with a bankruptcy attorney concerning the proof of claim that you received well before the filing date for it to determine whether or not you should submit it.
You are being considered a creditor, not a debtor with respect to the proof of claim sent you with respect to the underlying bankruptcy. It will have no adverse impact upon your credit score.
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