QUESTION

Can I add a creditor to my Chapter 7 bankruptcy that I didn't have when I filed back in April 2013? If so, what do I need to do?

Asked on Sep 18th, 2013 on Bankruptcy - Georgia
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Can I add a creditor to my Chapter 7 bankruptcy that I didn't have when I filed back in April 2013? If so, what do I need to do? Currently I live in Georgia and filed Pro Se. I'm being harassed by this creditor and they have come to my job. Please let me know asap. Thanks.
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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When you say you "didn't have" the creditor, do you mean this is a debt incurred after your bankruptcy case was filed, or that this debt existed prior, but you simply failed to list it? If it is the latter, you may not need to do anything, but it really depends on the laws in your district and you would need to contact a bankruptcy attorney in your area for more details.  In many districts, such as the Central District of California, if it was a "no-asset" chapter 7 case, meaning no assets were liquidated and disbursed by the Trustee, then failure to list a creditor doesn't affect the discharge of the debts.  But not all courts follow that rule.  If yours does not, then you may be able to file an amendment adding the creditor (or a motion to reopen your case to do so).  You don't provide any information on what the status of your case is, so I don't know if you case is active, or closed, or what. If it is the former, then you're out of luck, since your bankruptcy discharge (will) only cover debts owed prior to filing your case. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  
Answered on Sep 18th, 2013 at 10:16 PM

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