If I forgot to add a creditor to my bankruptcy, what can I do?

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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 11 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.


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