Can you include overdrawn bank accts, and utility co. debts to your BK case?

[Roger]

Here's my situation...

I recently filed Ch 7, had the 341 mtg on 1/13, awaiting discharge. Although I have $0, and $0 income, I left a few debts out of my BK. Why?

Well, I originally intended to pay BofA the $597 I owe them (in overdrafts & fees) after the BK and keep my acct with them, but now I'm thinking I should use the BK to start over completely with a clean slate.

Also, I have the same question for a few unpaid utility bills. ATT (phone & internet) and PGE (gas & electric). I owe them $192 and $313 respectively.



1) Should I have included them in my BK case?

2) Can I still add them? If so, how do I go about it?


Thanks, your feedback is greatly appreciated.

[HHM]

First: the BK petition is a sworn document and you are required to list ALL debts, so in that regard, you should have listed them.

Yes, overdraft, utility bills, etc, can be and should be included in your BK and will be discharged.

You can amend your petition at anytime before discharge to add information. The courts website should have something like an "Amendment Cover Sheet" that you would complete and you would simply make changes to the schedule C. However, since you are adding creditors, they clerk will charge you $26.

[Roger]

Thanks HHM,

Hey, you think I'd need to amend Schedule F (opposed to C) in my specific case?

Great advice.

[relief13035]

List EVERYTHING Roger. I listed one creditor that I only owed $42.

[outsidetool]

I had a surprise creditor show up, actually an account of my wife's for dental work that filed a lawsuit against her and I, though my name was never on the account (the old "family expense" thing they cited in bringing my name in to it.) I had filed about 3 weeks previously (my wife did not file). Of course I hardly wanted to end up with a brand new judgment against me, so I added them to my case. However, it cost me $150 in court costs to add the new creditor. My understanding was that was the fee at least in my area for adding to a ch 7. I also thought it was only $26, but my attys office showed me where that was for a ch13.