Can you add a creditor after bankruptcy was discharged?
Menomonee Falls, WI |
When I filed bankruptcy I listed everything that I received in mailers as well as my credit report. Now I find that I owed att but they were not listed nor was the collection agency. Is there anything that I can do … and if so is it a long process
You can amend your schedules to add an accidenilly omitted creditor. The clerk of the court charges a $26.00 fee for the amedment. If you filed the petition yourself, call the clerk and they will direct you to the appropriate documents in the DIstrict where you live. If you filed with an attorney, call your attorney and they can assist you. They may charge a nominal fee for the amendment. Lastly, if this is simply a new debt collector for an original creditor that was properly listed in your schedules, many times a letter to the new debt collector with a copy of either your notice of commencement or discharge should put them on notice and stop the collection. If it does not, call a creditor harassment attorney. They can then assist you with potential unlawful debt collection under the FDCPA. www.ConsumerRightsGroup.com
NOTE: This is not an attempt to establish an attorney client relationship nor an attemtp to practice law in Wisconsin. Please contact an attorney licensed in Wisconsin to go over your case in more detail if you desire to move forward.
It is interesting to note that most of your professional creditors got actual notice of your bankruptcy when you filed. They take notice through credit reporting, even if they were not listed. A creditor who has actual notice of your bankruptcy will almost certainly be barred from any collection attempts, just as if they were listed.
But it can make a difference if you turned over any assets to the trustee. If you gave assets to the trustee, then the unlisted creditor may not have had the chance to file a claim and get paid a few cents on the dollar. That could make the unlisted debt non-dischargeable. This rarely happens, but it's possible if you turned in part of your tax refund or anything. Good luck.
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Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
If you were discharged but your case is still open, you should file an amendment IMMEDIATELY to include this creditor. Be sure to notify the creditor in writing about your bankruptcy case!
If you case is closed, it may not be possible to add on a creditor. In the 9th circuit (covering the west coast), you cannot reopen a case to add on a creditor, but there is a court case that says you don't need to do this.
Most courts will not allow you to reopen a closed case just to add a creditor. If this case was a no-asset case, then most courts consider it to be discharged (absent fraud). If your case is still open, you can add creditors for $26. In some cases, you can add creditors to a closed case with a simple form.
[I am a Virginia-licensed attorney. This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]