Discharged. Missed Creditor

[IllBeDamned]

I am discharged but asset case still open. I was recently contacted by a debt collector for a creditor that I missed. How is this handled?

[justbroke]

For an asset case, you absolutely need to amend to add the creditor. A creditor without notice will likely not receive the notice to file a claim and will miss out on any distribution from the Trustee. Please speak with your attorney. Ask them to amend your filing. They may charge you $150 for their time (0.5 hours) and the amendment fee (typically $34 to amend creditors). Also, your attorney will serve the notice of bankruptcy and the notice concerning the deadline to file a claim so that the missed creditor can participate in any distribution should they choose to file a claim after being notified.

[IllBeDamned]

I reached out to the creditor (my LLC is the debtor) to see if there's a personal guarantee on the debt. If there's no personal guarantee then I may just ignore it.

Will the claim deadline be extended for the the new creditor?

[justbroke]

There is no extension for them. They just need to know that you filed and had an opportunity to participate in the distribution. If your last day to file a claim is tomorrow, they are probably going to be unable. If your last day to file a claim is in 25 days, that should be enough time.

Plus, I'm guessing that you told them you filed? Did you give them your Case # and District in which you filed?

[IllBeDamned]

Yeah I told the guy I filed. But he's saying case number is not enough and wants to talk to my lawyer directly. I told him no because that costs me money and them being debt collectors their legal team should be able to operate with just the case number as every other creditor did.

[justbroke]

You should let them talk to your lawyer. If the creditor accepts the lawyer telling them the case information as "notice" then you won't have to pay upwards of $200 to do it officially on paper. A creditor talking to your attorney shouldn't cost you any more if you have not yet received your discharge. It's actually the preferred way to handle this.