Is it too late to add a creditor?

[jjsmith]

I just remembered that I'm personally guaranteeing another business lease that I forgot about. The lease only has about 5 months on it and my old partner has paid faithfully, but then I just found out is starting to pay less right now because they just can't afford to pay more. I don't know if they are ever going to have the money to make up the difference.

We had our 341 on Monday, and I'm wondering if we're out of luck at adding another creditor?

[keepmine]

This is pre petition debt. You may amend your schedulles to include the lease.

[jjsmith]

Does it affect my discharge date?

[keepmine]

No.

[AngelinaCatHub]

What the Trustee is looking for is if you add more debt or come into significant money. Although your discharge would probably honor that debt, it will be a lessor hazard to get him on record. 'Hub

[MrSmithster]

i amended mine, i did it myself. you can get the form on the US BK web site. Add the new creditor to your existing schedule F and file an amendment ($26 fee if i remember correctly) , mail copies to tt, and creditor. . When you file with the court also include a Proof of Service showing you have sent copies to tt, new creditor. It was very easy. Ive heard lawyers charging $300-$500 for a simple amendment, you can do it for $26. Good luck

[JRScott]

For the new creditor they are allowed 60 days to object to discharge for their debt only from time they are notified. So it will delay discharge and closing slightly but not significantly.

[mtbc]

Also remember you might have to check the `Contingent' column.

[jjsmith]

I'm pretty sure my attorney charges $200 to amend the petition. Am I going to be rocking the boat and upsetting the attorney and trustee if I file an ammendment myself?

[jlmaca]

I'm pretty sure my attorney charges $200 to amend the petition. Am I going to be rocking the boat and upsetting the attorney and trustee if I file an ammendment myself?

I think this quite common to change the petition. I had to add a couple creditors and added some unexpected income. The trustee ask one simple question.