I have found 5 more creditors since filing. My 341 meeting is in one week. How should I handle this?

Asked about 1 year ago - Gloucester, VA

I am doing this no asset case pro se

Attorney answers (3)

  1. Benjamin John Upton

    Contributor Level 11

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    Answered . While this is an unfortunate error, at this stage it is still one which you can rectify. However, you must begin to do so immediately, and I would advise you to retain an attorney to assist you with this process.

    You will need to file an amendment to add the new creditors to your petition. This requires that you prepare an amended Schedule F (or Schedules D or E if your new creditors are secured or priority, respectively), and attach a certification under penalty of perjury that the amended schedule is true and correct, a notice to your creditors in regards to the amendment along with the date of the upcoming 341 hearing, a supplemental list of creditors, and an amended cover sheet. You will also need to attach a $30.00 filing fee, as this fee is required whenever you add new creditors. Lastly, you will need to make sure to notice all of your added creditors, including a copy of your amendment and the notice of meeting of creditors that you received. You bear the burden of mailing these documents, and paying all associated postage to your creditors.

    I would strongly recommend ensuring that you speak with an attorney in order to handle this amendment right, as failure to properly amend your case may result in these claims being found nondischargeable by the Court, or will require you to litigate their dischargeability. If you choose to disregard this advice, you may find the procedures in the link which I have attached.

    This response is not offered as legal advice, but is only a general informational response for public interest. No... more
  2. Jason Meyer Krumbein

    Contributor Level 13

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    Answered . I often recommend that you reconsider doing the case pro-se. There are all sorts of complications that can come up.

    While the procedure for adding creditors described by my colleagues is correct, it is not strictly necessary. All that is necessary is to give NOTICE to the creditors.
    IN your case, however, you should do the amendments. It makes it much clearer.

    Either way, you will need to mail a notice to the creditors and/or their attorney/debt collector. I recommend both the creditor and their collector.

    If you have problems with this, you should consult with a lawyer.

    Mr. Krumbein is admitted to the courts of Virginia. His advice is often based on Virginia and Federal law,... more
  3. Dorothy G Bunce

    Pro

    Contributor Level 20

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    Answered . You will need to prepare an amendment to your schedules, update your matrix, notify each of the new creditors of your Bankruptcy by providing them with a copy of form B9A, and then file a certificate of service showing that you mailed B9A to each creditor added. Hope this perspective helps!

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