Can I add a creditor to my petiton right before 341?

[Dollar Bill]

Can I add a creditor to my petiton right before 341?

I was wondering if the creditor would have less time if we add them to the petition just before the 341? Does this give them less notice? I know they will have the 60 days remainig.

Has anyone done this?

[FreshLikeADaisy]

Actually, you can add a creditor at any time until the bk is closed, as long as you're willing to pay the extra $26 fee. In certain circumstances, people have even reopened a closed Ch7 just to add a creditor that was forgotten about.

But doing it to diminish the amount of time a creditor has to respond.... hrm, I've never actually heard of that, or have any idea of how that would work out. I can't imagine it would affect a creditor's ability to lodge an objection. Maybe someone else will chime in, but the only thing I can think of is that if you expect a screamer at your 341, that would be a way of ensuring that person does not attend. But even that is kind of dicey; since a bk is public record, this strategy assumes they will not hear of your bk via other sources and attend your 341 anyway.

To me, your best bet is to list all your creditors up front and not take any chances, but that's me. Good luck!!!

[gophermn]

I would just add them now and be done with it. The less games I play with the US Trustee the less suspicion they will have reviewing my file.

I concur with Fresh- and get it done once-and-for-all..
Good luck!!

[jp2861]

I added two at day 25 and haven't heard anything from anyone. A few eyebrows may be raised if someone started adding things close to the 60 day point. But if you're doing this stuff as soon as you find about it you shouldn't have any problems. If nothing else, it shows you're trying to be as accurate as possible. They can't bust your chops for being honest...or shouldn't anyway.

[HHM]

Just add the creditor. You can add a creditor anytime before discharge.

It really doesn't effect their ability to object...after all, they can simply request an extension of time to object, and since they were added late, the court would have no problem granting that request.

Side note...it has to be a creditor to whom you incurred debt BEFORE you filed. And yes, there is a $26 fee charged by the court to add a creditor. Thus, if you have more than one creditor to add, add them at the same time (so you only pay one $26). Don't forget, to amend your petition, you will need to download and fill out your court's Amendment Cover Sheet.