What if I forget a creditor – can you add that later to my chapter 7 bankruptcy?
With your written permission, we will generally pull the creditors listed on your three major credit bureau reports. Then you will also get us a list of creditors you owe.
Between these two methods, we usually will get all your creditors listed in your petition prior to filing.
If a creditor slips through the cracks and you become aware of this after you file your petition, your petition may be amended to include the creditor. There will be an additional, smaller filing fee with the Bankruptcy Court for filing amendments adding creditors.
I converted a Ch13 to a Ch7 but incurred a personal loan from a Family member before filing the Ch7. This debt was for $47K and was not included in the list of creditors. They have gotten very aggressive and I have received a letter from their Attorney.
Can this debt be amended. The Filing was in Dec 2012 and Discharge in Mar 2013. They contacted me 3 months ago and now thru a Lawyer this month.
Ed,
Best answer is to go back to your bankruptcy lawyer to figure out if you can modify your bk petition to include the loan or to see if it was automatically put in there so it is discharged.
Part of this may depend on whether this loan was accidentally or intentionally left out of the listing of creditors. Generally you can fix mistakes but not intentional items.
Thanks for your inquiry.
Let me know if you need more answers from me and I’ll do my best to answer.
John Watts