The debtor in a bankruptcy is required to list all of the creditors whose debts he wishes to discharge. There are a number of reasons for this...establishment of priorities among secured creditors...inclusion of all unsecured creditors so that they can share on a pro rata basis in any distribution of assets or reorganization...payment of those creditors who continue to do business with the bankrupt so that their claims can be given a priority, and paid as administrative expenses, etc.

The reason for classifying the claims of creditors who continue to do business with the bankrupt during the period of the bankruptcy as administrative expenses is the effort to breathe some life back into the bankrupt company. Contracts establish property rights for both the debtor and the creditor. The debtor's property rights to the continued performance of the contract may be administered by the Trustee or the Debtor in Possession subject to the Trustee. As such the creditor may have no choice other than to continue performance under the contract during the bankruptcy. His pre-petition invoices will be discharged. His post petition invoices (administrative expenses) will be paid in a timely manner, and payment is supervised by the court to assure timely payment. Consequently, these administrative expenses (creditors' claims) are accorded a very high priority for payment. I just went through this in a collection case against a bankrupt company.

If the bankrupt fails to list a creditor in his pleadings before the bankruptcy court, the debt is not discharged. Yes, he can sue the client after the bankruptcy is over. However, there would be some defenses to the claim based on the bankruptcy.

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