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a discharge of a chapter 7 bankruptcy, no assets creditors was left off. Do I need to amend my bankruptcy to add them or can I send them a letter with my schedule of creditor and discharge letter
12 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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You don't need to amendjust send them your case number, day of filing, & the jurisdiction OR send them the document Notice of Bankruptcy.
Answered on May 18th, 2012 at 1:10 PM
Barbara A. Fontaine
If you already received a discharge of your bankruptcy, I would say you are out of luck.
Answered on May 17th, 2012 at 5:04 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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If your bankruptcy case is still open you should amend to include omitted creditors. If you have already received a discharge you can send the omitted creditors a letter with a copy of the notice of filing and the discharge. Since you had a no asset case it is unlikely that these creditors will pursue you. If they do, you may be liable.
Answered on May 16th, 2012 at 10:51 AM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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As a general rule, in the 9th Circuit, if it was a no asset case, the debt is still discharged. There are exceptions, however. The letter from you lawyer should be sufficient.
Answered on May 16th, 2012 at 10:44 AM
Bankruptcy Chapter 7 Attorney serving Los Angeles, CA
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Bereliani Law Firm, PC
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I would suggest simply sending them your discharge letter and 341(a) letter that was originally sent to you (with all your case info on it). Based on In Re Beasley, even if a creditor was left off due to clerical error, you are still protected because a bankruptcy filing is a public filing so it's as if the whole world is on notice.
Answered on May 15th, 2012 at 4:33 PM
Burton J. Green
You can apply to the bankruptcy court to reopen your case to allow you to amend to add the creditor and then seek to have determination made as whether the debt will be discharged. This is not often successful but if your case was a no asset case, the bk judge might enter an order discharging the overlooked creditor. The debt was not discharged if it was not scheduled in your bk so writing a letter to the creditor will not help.
Answered on May 15th, 2012 at 4:32 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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If no assets or creditors were left out of the papers that were filed, you do not need to amend the schedules. They are prohibited from contacting you and there may be a violation of the automatic stay if they have. You also do not need to send creditors proof that you have filed or that the debt to them has been discharged. They already got notice that you have filed. Often, one department of a large bank does not know what the other department knows. If a bank tries to collect a debt which has been discharged, there may be a violation of the Federal automatic stay.
Answered on May 15th, 2012 at 4:29 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You e-mail is not very complete, so I am going to guess at your questions. The law requires that you list 100% of all your debts (creditors) and all your assets. Once your discharge was entered it might be too late. The issue is whether yours was an asset case. If so, you need legal assistance. If not, then you can file an amendment to your schedules and provide the creditors with a copy of the discharge. The Arizona Bankruptcy Court has a self-help center where you can schedule a meeting with an attorney: http://www.azb.uscourts.gov/default.aspx?PID=78.
Answered on May 15th, 2012 at 4:28 PM
You must AMEND your Schedules in order to have debt discharged. If your case has already closed out, you will need to file a Petition to Reopen your bankruptcy to add creditors not listed by mistake.
Answered on May 15th, 2012 at 4:20 PM
The question you are asking is whether a particular debt is discharged by your past bankruptcy. There is no way to answer that question without more information. Contact your bankruptcy attorney for a consultation.
Answered on May 15th, 2012 at 4:07 PM
If it was a no asset bankruptcy, you do not have to refile. Just send them the discharge letter.
Answered on May 15th, 2012 at 3:57 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If you want those creditors to be included in the bankruptcy, you must amend your schedules to include them.
Answered on May 15th, 2012 at 3:55 PM