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What can i do if i remembered another dept after i had the trustee meeting at BK CH-7 ?

Alhambra, CA |

it is a small checking account of a bank that i listed as one of my creditor
because i had credit card with them, so what i can do in this case ?
Thanks in advance .

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Attorney answers 7

Best Answer
Posted

If the debt is with an entity that has already received notice of the bankruptcy, then listing it separately is not critical, especially if there are no assets to distribute to creditors.

Posted

I assume you meant "debt." You can amend your debts schedules and add the debt. Talk to your lawyer.

Asker

Posted

yep debt is what i meant .. thanks Sir

Posted

As stated, you probably don't need to do anything because you notified the bank already. However, strictly speaking, the credit card side of a bank, and the banking side of a bank can be separate entities.

You can amend your bankruptcy petition anytime before discharge to add a creditor. The bankruptcy clerk charges $26 to do this.

Alan D. Walton

Alan D. Walton

Posted

The cost has increased to $30.

Asker

Posted

it seems this indeed the question. am i protected from the banking department as well even though only the credit debt has been filed in my petition or i'm not protected ? if i'm not protected i have to to the job and add the banking debt but if i yes protected i won't . does it make sense ? btw it's Bank of America . thanks

Posted

This is a very common problem. If you left the creditor off altogether, then you would need to amend to add on the debt. Since you indicate that you already included the same creditor for a different account, you don't need to do anything to include all accounts with this one creditor. Hope this perspective helps!

Posted

If not already listed in your original Schedule B, a checking or savings account that was open on the bankruptcy petition filing date needs to be listed as an asset by an amendment, even if it had a $0 or negative balance. if the account was closed within a year before he petition date, then that must be disclosed in response to Question #11 of your Statement of Financial Affairs.

Asker

Posted

thanks for your answer here Sir but it doesn't make a sense to me that negative balance of a checking account (what is my case) should be listed an an asset since this account its close and it's nothing but debt .. the assets listed in the petition are with the idea to possible liquidate for creditors by the trustee .. how come it's an asset ? thanks again .

Posted

All assets-- even if they have negative, nominal or zero value must be scheduled. Inadvertently omitted creditors may be added by amendment and noticed accordingly. This isn't a material omission; it's fixable so don't stress.

This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn’t address all facts & implications of the question; it’s general info, not legal advice to be relied upon and exceptions may apply. It creates no attorney-client relationship; it may be pertinent only to CA and/or its Southern District Bankruptcy Court in San Diego. It’s independent of other answers. It may be time sensitive, as in past the “Use by” date: laws and case law change. Hire a bankruptcy lawyer before acting or refraining from bankruptcy or other legal action.

Posted

Inform the creditor you have filed a Chapter 7 bankruptcy. Send them the notice of filing and give them your attorney's information and your trustee's information and your case number. Then tell them that if they contact you again they are in violation of the automatic stay.