i filed chapter 7 and it is discharged as of october 2012 is it too late to add additional creditors and if not is there a fee to reopen the case.
Bankruptcy court is a court of limited jurisdiction. They also do not want cases closed then re openen. There is a case called Inre:Judd which stands for the premise that in a no asset chapter 7 case even unlisted debts are discharged. The theory is they were not harmed because there was no distribution to share in. You or the attorney can write them a letter to stop collection activity under in Re :Judd. if they ever sued you the Judd case is an affirmative defense in state court
You wrote, "I filed chapter 7 discharged oct 12
"is it too late to add 2 creditors...
"is there a fee to r e open."
It is too late unless you file a motion to reopen.
Many bankruptcy courts have ruled that in a no-asset, Chapter 7 bankruptcy with an order of discharge, no-reopening is required and that the discharge is effective against unlisted/overlooked Creditors.
4 lawyers agree
As attorney Bollinger stated (and Attorney Sinclair clarified), it is unlikely you need to do this.
However, if the debts are large and the creditors are aggressive, you may wish to consult a competent, local bankruptcy attorney to confirm that it is not necessary (as Attorney Bollinger stated).
If you need further clarity, please email me at MICHAEL@MIRELAND.US Answers to questions are for general information purposes only and do not establish an attorney-client relationship. This is not legal advice, simply information. You SHOULD NOT act on this information without consulting a competent bankruptcy attorney in your area and providing ALL relevant information.
3 lawyers agree
Family Law Attorney
Bankruptcies are RARELY allowed to be re-opened to add creditors, BECAUSE it is your responsibility to include all creditors in the original petition. Also, you had at least 3 months to amend before the case was closed. Talk with your BK attorney.
Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.
1 lawyer agrees
Wills and Living Wills Lawyer
It is really never too late to reopen a chapter 7, but the cost is presently $245 to file the Motion to Reopen. You should consult your bankruptcy attorney as to whether there is a cost - benefit to reopening, depending upon the total amount owed to these 2 omitted creditors, whether this was an asset case with a cutoff date to file POC's and most important whether either or both creditors may have had actual notice of the filing.
Mr. Geisenberger is a Pennsylvania-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Jacques H. Geisenberger, Jr., P.C.,does not constitute legal representation, nor is any information you provide protected by attorney-client privilege.