No-Asset Case

• If your bankruptcy trustee determines that your case is a "no-asset" case, there may be no ramifications to leaving a creditor off your petition. The purpose of notifying creditors in a bankruptcy case is so that they may file a claim for a part of any distribution of assets that the trustee makes in the case. If the creditor does not hear of the bankruptcy, he will not file a claim and therefore will not receive what he is due. However, in a no-asset case, the trustee makes no distributions, so even if the creditor knew about the case he would not have received any money.
  
  

Asset Case

• In an asset case, the trustee has determined that you have assets above state exemption levels that are worth liquidating and distributing to your creditors. In this case, not notifying a creditor can become a problem. If you notice the oversight before the conclusion of your case, you can amend your bankruptcy petition and add the omitted creditor. If your creditor only learns of the case after a distribution, he can sue you for repayment of your debt.
  
  

Major Creditors Should Know

• Major creditors such as the large credit card companies pull bankruptcy case listings on a regular basis to match with their own cardholders. In the eyes of the court, most large creditors are considered "notified" even if you neglect to list them on the creditor matrix of your bankruptcy petition. A large creditor would be hard-pressed to convince the bankruptcy court that they were absolutely unaware that you had filed for bankruptcy.
  
  

Willful Intent

• If you go out of your way to keep a creditor off your bankruptcy petition, particularly a smaller creditor that may not be privy to bankruptcy case listings, the court may view your actions in a fraudulent light. For example, if you owe your small-town doctor $10,000 and do not list him on your bankruptcy petition, he may not be aware he can file a claim against your assets until it is too late. While your debt will still most likely be discharged in a no-asset case, if you file an asset case the court may charge you with bankruptcy fraud and dismiss your case or void your discharge.