- It is important to tell your attorney about all your debts, including the ones you believe are inaccurate. For example, if you suspect that someone stole your identity to open a credit card in your name, tell your attorney.
- If you used your credit cards within a few months of filing your bankruptcy case or you got a loan during that time, your creditors may be able to petition the court to have those debts remain in place after the bankruptcy proceedings. For example, if you obtained a cash advance on a credit card in the amount of $1,000 two months before your bankruptcy was filed, the creditor can petition the court to have that $1,000 remain payable after your case is discharged.
- When you let your attorney know about the disputed debt, he will list the debt as "disputed" in your court paperwork to show the court that you do not believe in the accuracy of the debt. You also should ask consumer credit reporting agencies to list the debt as in dispute.
- If the creditor believes that any part of your debt is disputable, the creditor can file an objection with the court. The bankruptcy court judge typically decides whether your creditor's objection is valid.
- If you dispute a debt in bankruptcy and the court decides it is a legitimate claim, the debt will be discharged in the bankruptcy proceeding. If a creditor objects to a debt and the court agrees, you most likely will have to continue paying off the debt or settle it directly with the creditor.