A creditor not brought into my Chapter 7 original bankruptcy petition has emerged. 1) They were truthfully forgotten about and lost in the shuffle. 2) They did pursue collecting their debt until only recently. The debt initiation date or time that it officially became a debt is approximately 17 months before my original petition. My Maryland bankruptcy attorney friend has encouraged me to amend or repetition my filing on my own and study a case or two on pacer - however 1) I am unable to pay my original attorney and she is unwilling to refile without a significant fee in addition to the $260 bankruptcy court fee, and 2) my petition was filed in PA. Is this possible? Are there any helpful resources I could consult? Thank you!
You did not list the creditor in the schedules and so now the debt is not discharged? You need to reopen the case and schedule the creditor. Pretty much every attorney would charge. Best to shop around if your broke
Chapter 7 Bankruptcy Attorney
You need to speak with a PA bankruptcy attorney to see if it's even necessary. It varies from state to state. Some states have adopted the "no harm no foul" approach to no asset cases. Essentially the idea is that they wouldn't have gotten anything anyway so it doesn't matter if there was a mistake in notice. If PA is one of those states then amending would be unnecessary.
In Pennsylvania, if a Chapter 7 bankruptcy case was a "no asset" case, meaning that there were no assets to distribute to the creditors, an inadvertently unlisted debt is generally considered discharged. There are circumstances when it is necessary to reopen the case to add a creditor, but for the most part it is unnecessary in a no asset case. Generally, if providing the creditor with a copy of this discharge is insufficient to stop collection activity, a letter from an attorney should suffice.
To reach me call 215-248-0989. Harborstone Law Group serves Philadelphia, Montgomery, Delaware, and Bucks Counties in Pennsylvania. Answers to any question on this forum are for general information purposes only and do not constitute legal advice or establish an attorney-client relationship between Harborstone Law Group or its attorneys and you. This type of forum cannot substitute for a consultation with an attorney.