File a motion to reopen your case. 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.
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.
How long does it take for a bankruptcy to be discharged?
The discharge occurs after all the payments under the repayment plan have been made in a Chapter 13 bankruptcy, typically three to five years. Key Takeaways A bankruptcy discharge effectively erases certain debts.
When to discharge a debt in Chapter 11 bankruptcy?
In individual chapter 11 cases, and in cases under chapter 12 (adjustment of debts of a family farmer or fisherman) and 13 (adjustment of debts of an individual with regular income), the court generally grants the discharge as soon as practicable after the debtor completes all payments under the plan.
Do you have to reopen Chapter 7 bankruptcy if debt has been discharged?
Many courts have concluded that it is unnecessary to reopen a closed Chapter 7 to add an unlisted creditor since there is no money to be distributed to it. In these cases, the court simply deems the debt to have been discharged when the initial case was closed.
What happens to your debt after you file bankruptcy?
The bills that you rack up after submitting your initial bankruptcy paperwork are post-petition debt. You remain responsible for paying for balances that you incur after the initial filing date. So you can incur new debt even though your case isn’t over. In short, only debts arising before the Chapter 7 filing date get discharged.
