Creditor not listed/ but they filed request for special notice

[jribe]

Hi Everyone,

My husband had a truck that was charged off years ago (2002?), and we don't have the vehicle. I totally forgot about this - as it was something he had before we were together.

It's not listed as a debt on our schedules; but obviously they found out we're filing for bankruptcy. I have read before that even if you leave off a creditor- if they know about the filing you don't have to ammend anything.

Should i file an ammendment anyway to include them?

[jribe]

anyone?

[AngelinaCatHub]

I don't think you have to. It wouldn't hurt but they already notified the Court on their own behalf. This is usually done if a debt is bought by another company and they wish to be included. You don't have to amend on that either.

2002, I would say they are outside the S.O.L. to do this. Check your states laws.

http://www.statuteoflimitations.net/

'Hub

[StartingOver08]

JMO, I would amend the schedules to include this creditor so there would be no doubt that the debt is discharged.

[backtoschool]

JMO, I would amend the schedules to include this creditor so there would be no doubt that the debt is discharged.

I agree. Why leave yourself open to collection activity after your discharge? I would amend your schedules to include the truck.

[OhioFiler]

Absolutely amend the petition.

[AngelinaCatHub]

We had this happen as well. If it shows up on the Matrix, the Court is a where of it. But for peace of mind, I agree to amend. Just to make sure. We did not, and all were discharged. I even forgot a very old phone bill, $500 and got a dunning letter. I sent them a copy of my discharge and that was a year ago without further action. 'Hub

[jribe]

thanks everyone!

The weird thing is that the SOL is up in our state (CA) which is why we where so surprised to see this.

But i will file an ammended petition next week; might as well exempt my wages and tax return too, JIK.

Thanks!

[AngelinaCatHub]

thanks everyone!

The weird thing is that the SOL is up in our state (CA) which is why we where so surprised to see this.

But i will file an ammended petition next week; might as well exempt my wages and tax return too, JIK.

Thanks!

Whatever you do on an old debt as that, make no action on it (except to list it as an old debt). You take a chance to reset the SOL back to zero if you talk to them or acknowledge it in any way. 'Hub

[aljohnson007]

[StartingOver08]

I agree with the last post, except the OP's case is not discharged yet.

The best reason for having everyone on the matrix is to keep a record when the zombie debt starts to come back after you are discharged....I'm thinking it can be a regular income for a little while when the debt collectors get aggressive enough to start dunning on discharged debt (and they do!). This is part of the proof you need to get substantial sanctions against the creditor. JMHO.