If I forgot to add a creditor to my bankruptcy, what can I do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I forgot to add a creditor to my bankruptcy, what can I do?
It was discharged a little over a month ago; Chapter 7. Now is on my credit credit report for $17,000.
Asked on July 2, 2011 under Bankruptcy Law, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In a situation such as this you can re-open your discharged Chapter 7. What you will need to do is amend your list of creditors to include the creditor in question. You can go on-line and download any forms that you need. Most bankruptcy courts have them available (just make sure you file in the court in which the discharge was granted). The court charges fee of $26 to amend and add on debt to a case. There is also a $260 re-open fee to re-open a case once it is closed.
Note: Re-opening a case is not automatic. However as a general rule, such motions are liberally granted. The reason is that it has been held that there will be no prejudice or harm to an omitted creditor in a no asset case because the creditor would not have received a distribution anyway.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.