Creditors not included in BK

[mekia2001]

I know that is assumed that any debt incurred before filing, even if it isn't included in the BK, can basically still be discharged. My atty told us that when we filed just in case a creditor showed up a few months from now with an old debt. I would like to know if we come across a non listed creditor would it be worthwhile to file an amendment and can we do it without our atty(i don't want to have to pay anymore fees). Or if it's not on the Credit Report should we just not worry about it.

I am going to drive myself crazy over the next 60 days!

[justbroke]

Don't file any amendment. Most creditors won't bother you. If they do, you just send a professional letter via certified mail with return receipt requested (CMRR). You include the dates, venue and case number for your discharge. You include a copy of the discharge order. Just about 99.999% of creditors will leave you alone with that information being sent that way.

If a creditor does decide to bother you, depending on the District, you may have to re-open the case ($260) to schedule the debt and file the amendment ($26). In any event... most Districts go by the rule that a discharge gives the debtor a discharge of all debts that arose prior to the filing of the petition, whether or not the debt was "scheduled", so long as your case was a no asset case.

If your case hasn't closed yet, you can add new creditors for just a $26 amendment fee (each time you file an amendment).

[mekia2001]

Thanks that's what I needed to know! It's one of just in case scenarios. Would you happen to know if, it came down to it, I could file the amendment w/o my atty?

[justbroke]

Thanks that's what I needed to know! It's one of just in case scenarios. Would you happen to know if, it came down to it, I could file the amendment w/o my atty?

You could, but if this happens after the case closes, there's a $260 fee to re-open the case. At least consult your attorney on what s/he would do and you could file it yourself. (However, filing an amendment is MORE than just filing a sheet of paper with the creditor on it. There are requirements to re-certify your schedules and some "statistics" and "summary" sheets that have to be done as well.) This is why attorney charge $100 or more to file an amendment (pre-closing).

[mekia2001]

Thanks! I'm definitely not going that route but at least I learned something new.

[tcreegan]

Hi mekia2001,

You can relax...courts have consistently held the pre-petition debt is discharged, listed or not. Justbroke has the best solution: send them a letter w/ the case # and date of filing.

Tom in Colo

ps: if they bother you after they get your letter, they are violating the discharge injunction and you can sue them for damages + legal fees