QUESTION
Can I add a creditor after I had the creditors meeting?
Asked on Nov 13th, 2013 on Bankruptcy - Florida
More details to this question:
Can I add a creditor even after the creditors meeting a few years later?
9 ANSWERS
You can add a creditor as long as your case is open. A few years later would be stretching it!
Answered on Nov 14th, 2013 at 4:02 PM
Yes, you can add a creditor to your bankruptcy case anytime before the case is closed.
Answered on Nov 14th, 2013 at 4:02 PM
bankruptcy Attorney serving Paul, ID
at
Paul N. J. Ross Law, PLLC
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There are a number of other issues that are necessary to know at this point. Generally, in a no-asset Ch 7 in Idaho, failure to list a creditor does not matter. That creditor is discharged. If it was an asset Chapter 7 and a distribution has been made, then the debt is generally not discharged. Chapter 13 depends on if a plan is confirmed and some other issues. Visit with your attorney regarding your specific instance.
Answered on Nov 14th, 2013 at 12:36 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
2 Awards
Yes, just file an amendment.
Answered on Nov 14th, 2013 at 12:02 PM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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Yes. You will need to fill out an Amendment Cover Sheet, Amendment of Schedule F or D or E, depending what type of debt it is. Also send copies of Amendment and the Amended schedules to the creditor, the Trustee, and US Trustee (check out back page of Amendment Cover sheet talking about service - address for Trustee should be on the Bankruptcy notice you received after the case was filed). Mail the documents and after that file them with the court.
Answered on Nov 14th, 2013 at 11:53 AM
2 Awards
Yes. Amend schedule and file with court. Mail notice of bk to creditor and file certificate of mailing.
Answered on Nov 14th, 2013 at 11:34 AM
Deborah F. Bowinski
Your question is really far to general to answer properly. Are you in a chapter 13 plan? Did you file a chapter 7 case? Did your trustee collect and distribute funds to creditors through a bankruptcy estate? Has your case been closed yet? Is the creditor you are asking about a new one or a creditor you owed money to at the time your case was filed? What is the reason they were not included originally?
Answered on Nov 14th, 2013 at 11:34 AM
This is doable but the better question is why? You can always file a Motion to Open your Bankruptcy. This costs a filing fee. Then you can file a Motion to Amend the Schedule F. The only question again after going through all this trouble is why? If you are a no-asset case then any debt whether listed or not listed on the Schedule F that was eligible for discharge is still discharged, regardless of your failure to list it originally. If a creditor is telling you that you need to add them to the creditor matrix, usually they are just giving you a hard time. There is ample case law to support that they would be discharged regardless. If you were an asset bankruptcy...then you have bigger problems and need to consult with an attorney immediately. If you are in Connecticut please feel free to contact my office for further information or assistance.
Answered on Nov 14th, 2013 at 11:34 AM
Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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Usually there is no problem, but your attorney needs to pay a fee to the court to add a creditor and the new creditor needs proper service and Notice from your attorney. Adding the creditor is somewhat simple, but ensuring proper service is more complicated to ensure the Discharge of that debt.
Answered on Nov 14th, 2013 at 11:33 AM