Added creditor after filing...how do I check if they added it?

[cr28]

Hi, I filed 7 in Jan. & will soon have my 341 mtg. When I filed, one creditor was accidentally left off & I called my atty's paralegal (she has been taking care of everything) with the info & she said she'd take care of it (by adding it on). I went to the PACER & pulled up all of the creditors listed & the "Certificate of Service"....the debt was NOT included anywhere on the site. The creditor was added only a week after filing...shouldn't it be showing up by now? I asked the paralegal again just a few days ago if it was taken care of - she said "yes", but this is such a critical time & I'm not sure if I can take her word for it. Anywhere else I can search for the added creditor? Thanks!

[danaf]

Why don't you call her and ask her to either fax, email, or mail you the paperwork for the added creditor? Or stop in and ask to see it? It is a critical time so don't care about 'insulting' anyone. Also - I believe adding a creditor means ammending the petition and costs $ (not a lot) - but she should have mentioned that.

[yoyoma51]

We were in the same boat. We left one off by accident.

I called my lawyer right away. He told us this:

1. You can add a creditor right up to the final day before discharge (as long as you we're not intentionally trying to give them less time to object).

2. Amendments cost $26 each whether you add one creditor or five. So why hurry? Maybe another will come up and you'll want to add it.

You have to sign the amendment. If you haven't signed it, it has not been filed.

This is NOT a big deal. Your lawyer/paralegal is probably not in a hurry in order to save you money in case something else comes up.

We filed our amendment for the additional creditor about 2 weeks before discharge. It all worked out fine.

[cr28]

thank you

thank you yoyoma51 & danaf - I really appreciate it!

[twuoo]

Actually, my attorney wanted an extra $200 for each creditor I left off that I wanted added later.

One creditor,which I didn't owe much to, about $400, I personally sent them a copy of my filing for bankruptcy and apologized that they didn't get notice sooner.

I saved myself $200 as that creditor said "no problem" and they will no longer be sending me bills.

So I was happy about that!

[danaf]

If I were going through a lawyer and they wanted that much for an ammendment, I would either do it myself or get a doc preparer to do it. But I would definately do it the legal way by filing it as I wouldn't trust a creditor I left off by just sending them a copy of my bk.

But twuoo - I'm glad that worked out for you.

[LAKERHIGH]

What happens if you forget a creditor or two (there is one or two that I do not remember) then file C7 and find out a year or two later or you get a summons for the ones you forget? If you go C7, is it fact that all credit card debts acquired before C7 have no merit?? I know there were one or two from 3-5 years ago that I can not find.

[HAP]

Hmmm...I hope my attorney doesn't charge me for the amendment he has to do to add a debt to ours, as it was his office's fault that it was left off to begin with...but I guess I'll call to make sure.

$200? That's outrageous!

[MajorMike]

We added one and it was $60 after.
Again, every attorney / state is different.

We were in the same boat. We left one off by accident.

I called my lawyer right away. He told us this:

1. You can add a creditor right up to the final day before discharge (as long as you we're not intentionally trying to give them less time to object).

2. Amendments cost $26 each whether you add one creditor or five. So why hurry? Maybe another will come up and you'll want to add it.

You have to sign the amendment. If you haven't signed it, it has not been filed.

This is NOT a big deal. Your lawyer/paralegal is probably not in a hurry in order to save you money in case something else comes up.

We filed our amendment for the additional creditor about 2 weeks before discharge. It all worked out fine.

[lrprn]

$200? That's outrageous!

Granted this is more than most bk lawyers charge to add a creditor after filing. However, keep in mind most bk lawyers charge around $300 an hour. Also it's typical that the fee for Ch 7 bankruptcy does not include doing extra work beyond what's done to file your case and represent you at the 341 meeting.

A lawyer can charge whatever they think is reasonable to make changes to your filing after you sign the forms and they are entered into PACER. The good ones will disclose upfront what they will charge to make changes after your forms are filed when you pay their retainer.

It's as much the filer's responsibility as the lawyer's to make certain all creditors are listed when the forms are signed and before they are filed.