Reopen chapter 7 bankruptcy case to include omitted creditors. Just wondering, could I amend to add them?

I'm just wondering if reopening to amend and add omitted creditors is a possibility. I know it may not be necessary because it was a No Asset case, but just wondering if it is an option available. All of the debts were incurred prior to filing for bankruptcy.

Los Angeles, CA -

Attorney Answers (5)

Answered

Hi, yes you can reopen to amend your schedules to include the omitted creditors. However, depending on why they were omitted then you don't have to reopen to amend, any debt incurred prior to filing that is dischargeable is still dischargeable even if the creditor is not listed AS LONG AS it was an honest mistake and not done intentionally. Hope this helps. If you have any further questions please feel free to contact my office at www.newchapterlaw.com.

Harris Justin Brumer

Harris Justin Brumer

Bankruptcy Attorney - San Diego, CA
Answered

Yes, it is technically possible to re-open your case and amend the petition. This may cost additional fees.

However, it may not be necessary. Once you get your discharge in the mail (typically 60-80 days after the 341(a) meeting of creditors), all debt prior to filing is discharged.

If a creditor continues to harrass you about alleged debt owed, send the creditor a letter (certified mail/return receipt) stating, "I filed BK on this date. My case number is .... Enclosed is a copy of my discharge. I apologize for inadvertently leaving you off the creditor's matrix. My debt has been discharged. Stop bothering me. Have a great life."

Best of luck to you.

Rex Tran

Rex Tran

Bankruptcy Attorney - Santa Ana, CA
Answered

Yes, you may reopen to include omitted creditors for debts prior to filing for bankruptcy. However, you should consult with an attorney to make sure there are no other issues surrounding your case that might be involved.

Justin Drayton Graham

Justin Drayton Graham

Bankruptcy Attorney - Culver City, CA
Answered

Worst case is you pay approximately 270 dollars to file the motion to reopen and the court denies the motion because it is a no asset case. Or, I suppose, what is worse is that one or more of the newly added creditors challenges the dischargeability of the debt.

Dorothy G Bunce

Dorothy G Bunce

Bankruptcy Attorney - Las Vegas, NV
Answered

I have to disagree with the others. In Re Beezley states that you cannot reopen to add creditors, and in any event, it is unnecessary. Do a web search for this case and it ought to pop right up. Hope this perspective helps!

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