When you decide to declare bankruptcy you will report information about your creditors to your bankruptcy attorney. A schedule is completed that shows the names and addresses of each creditor. Usually you will have the opportunity to view the listing before it goes to court to be reviewed by the judge and if you notice that a creditor is missing, this is the best time to make sure they are added and changes made accordingly.
When your bankruptcy petition is filed it will contain the list of all creditors and accounts to be included in the filing. While many debtors are aware of whom they owe money it is quite common to forget to add a creditor when filing. A missed creditor should be presented to your bankruptcy attorney as soon as possible. In most cases, you can add still the creditor although there could be an amendment fee associated because you will need to file for an amendment and complete a new schedule list to show all creditors including the creditor that was left out of the previous filing.
If your case is closed or debts have already been discharged, the debt that was left out may be eligible for discharge if it originated before you filed bankruptcy. Depending on your situation, you should discuss with a your bankruptcy attorney what the best option is regarding the debt that wasn’t included in the filing. You may need to reopen and amend your case if the creditor continues with collection attempts.
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