Posted on
July 21, 2009
at
3:11 am
Hi, how to add creditors to a bankruptcy case?
Posted on
July 21, 2009
at
3:29 am
It depends on your case. Has it been already closed? Discharged?
Posted on
July 21, 2009
at
3:35 am
I already received a discharge but I discovered a new creditor..and would like to add that debt to the discharge..I was told that I can add a creditor as long as time for filing a proof of claim has not expired, but that's when I've already filed, how about now that my bankruptcy has already been discharged?
Posted on
July 21, 2009
at
3:37 am
Well..it depends on your case, although I'm not a lawyer, what I know is if it was a no-asset case, I don't think you are going to be required to add the creditors. The original discharge would cover those other debts even if they were not originally listed in the mailing matrix, unless the creditors want to challenge your discharge via an accusation of fraud..
Posted on
July 21, 2009
at
3:40 am
What if it is an asset case?
Posted on
July 21, 2009
at
3:49 am
Adding creditors to an asset bankruptcy case might require the services of a bankruptcy lawyer. This happens usually when a secured creditor is not convinced that the consumer truly forgot to include that secured debt in the mailing matrix. Also if the amount of debt is significant.
Posted on
July 21, 2009
at
3:55 am
Just to add to that, even if it is an unsecured creditor that's objecting to the discharge via fraud or a willful and malicious act, and not the secured creditor, -and he/she filed a judgment against you in a state court, you can still argue your case in the state court (that's why you need a lawyer with you) or request for the case to be transferred to a bankruptcy court.
Posted on
October 14, 2009
at
4:30 am
This adding creditors to the bankruptcy petition (reopening the case) only happens when the consumer is doing a diy petition -if a bankruptcy lawyer is present, this is less likely to happen.
Posted on
October 14, 2009
at
4:32 am
That is if the consumer can afford a bankruptcy lawyer or even the bundled services -- if not, can seeking the help of a bankruptcy petition preparer help you think?
