The Omitted Creditor in Bankruptcy?

Top Bankruptcy Attorneys and Home Foreclosure Defense Attorneys.

Over 750 ★★★★★ Google Reviews

brad sadek

Contact Our Attorneys Today

bbb badge
three best badge
rated by super lawyers sadek

At Sadek Bankruptcy Law Offices, we realize that every situation is different. Our debt relief lawyers will take the time to learn about your situation and your goals. Our objective is to explain your legal options and offer the best debt relief strategy for you in the most compassionate and friendly manner possible. Call 24/7 to schedule your meeting with a lawyer.


Our office understands the financial stress our clients endure. Therefore, in addition to reasonable legal fees, we offer a payment plan to all of our valued clients to make quality legal services most affordable.


In addition to our primary law office in Center City, Philadelphia, we also have law offices throughout the Greater Philadelphia, Pennsylvania Area and in New Jersey. Our branch offices have contributed to making us the #1 Bankruptcy Filer and debt relief firm in the Greater Philadelphia area. Our goal is to have a convenient location within 20 minutes of where our clients work or reside.

The Omitted Creditor in Bankruptcy?

This blog stems from a Chapter 7 client who asked “What happens if a creditor is not listed?” It is Sadek Bankruptcy Law Officess’ common practice that prior to a bankruptcy filing we review a 3 source credit report and collect all bills from our clients to ensure all creditors are listed on a Bankruptcy Petition. However, there are times that a creditor is not listed due to the debt not being reported, common with medical debt or the debt has not yet appeared or continued to appear on a credit report. The following case law excerpt from Judd v. Wolf, US 3rd Cir., No. 95-5141, 1995, states that opening a bankruptcy for the purpose of adding an omitted creditor is generally unnecessary, see below:

“An omitted creditor who would not have received anything even if he had been originally scheduled, has not been harmed by omission from the bankrupt’s schedules and the lack of notice to file a proof of claim.   Thus, in a no-asset Chapter 7 case where no bar date has been set, we conclude that there would be no purpose served by reopening a case to add an omitted creditor to the bankrupt’s schedules.”

In conclusion, if a creditor in a Chapter 7 Bankruptcy case is unintentionally omitted and the debt is deemed dischargeable, then the Petitioner would be eligible for the discharge of the omitted creditor.

If there are any general questions or topics you would like information about relating to bankruptcy law in the Eastern Pennsylvania region, you may contact the Bankruptcy Lawyers at Sadek Bankruptcy Law Offices at 215-545-0008 or email Thank you.

Share This Story