If your case is already closed, then you may have to file a Motion to Reopen your bankruptcy case to add the unlisted creditor. If the court agrees with you and reopens your case, then you can add that creditor for the purpose of discharging the debt.
Can you add debt to a Chapter 7 after discharge?
There are a few instances where you can add debts to your bankruptcy petition that were incurred after your initial bankruptcy filing date. If you file a Chapter 7 and get a discharge then file a Chapter 13 (commonly called a Chapter 20), you can add any new debts to the Chapter 13 petition.
What if I forgot a creditor on my bankruptcy?
If you forget to include a creditor in your bankruptcy, that creditor is a general unsecured creditor, and that creditor would not have had a basis to object to discharge had it had notice of the bankruptcy, then the discharge of debts you received from the Bankruptcy Court is good against that creditor as well.
Why would a creditor object to a debt being discharged?
A creditor will usually object to the discharge of its particular debt when fraud or an intentional wrongful act occurs before the bankruptcy case. For instance, examples of nondischargeable debts, if proven, could include: The costs and damages caused by intentional and spiteful conduct.
Can you add a creditor to your bankruptcy papers after filing?
As we discussed in our post on Missing Creditors, if there will be a distribution to creditors in the case, a debt not listed survives the discharge. Further if the added creditor has a claim that may be non dischargeable, the window for bringing an adversary to contest discharge remains open.
Can a credit card debt be added to a bankruptcy?
If your case is already closed, then you may have to file a Motion to Reopen your bankruptcy case to add the unlisted creditor. You must have a good reason for failing to include the omitted creditor. If the court agrees with you and reopens your case, then you can add that creditor for the purpose of discharging the debt.
How much does it cost to add a creditor to a bankruptcy?
There’s a fee for amending the lists of creditors, currently $30. Does addition give timely notice? Getting a creditor on the mailing list doesn’t necessary get them actual and timely notice of the case.
Can a creditor continue to call after a bankruptcy?
If you want to keep the property that secures a loan, you’ll have to continue paying for it until the loan is paid in full, even after your bankruptcy case is over. You will probably enter into a reaffirmation agreement in which you and the creditor agree that the loan will not be discharged, and you will continue to be liable for the debt.
