Document Type
Research Memorandum
Publication Date
2018
Abstract
(Exceprt)
When an individual debtor files for bankruptcy, it must file bankruptcy schedules listing, among other things, the creditors that hold claims against the individual. The information contained on the schedules may have ramifications on the debtor and its creditors. Specifically, often debtors unknowingly fail to list certain claims, which may affect the debtor’s right to discharge a creditor’s right to a recovery. Part I of this memo discusses bankruptcy schedules and claim dischargeability. Part II illustrates the distinction between judicial and evidentiary admissions. Part III explores cases that have held bankruptcy schedules to be admissions and others that have not, bearing in mind the distinction between the two types of admissions. Part III further discusses the effect listing a claim on a debtor’s schedule may have on the dischargeability of the debt.