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missed OC & CA in my filing, what to do?

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    missed OC & CA in my filing, what to do?

    A CA called me after I filed my BK, with two debts from Allstate Insurance back in '08. The total is small, just $150.32, and I don't know if I should go through the hassle of including it in my BK. Is it a hard thing to do? Should I bother, and just set up an arrangement with the CA to pay in installments? I can't afford to pay that debt right now because I have NO breathing room presently!

    #2
    Are you chapter 7 no-asset? If so, old unsecured debt will probably be wiped out anyway even if not listed explicitly in your petition -- small amounts like that make little difference. Though, it might be easy to add them, and perhaps you indeed have a duty to, it depends on the district (your court clerk will be able to say), but it might suffice to just pay the amendment fee to update your Schedule F and the creditor matrix and serve the creditor, trustee, etc. accordingly. (I wonder if you'd have to file the certificate/proof of service too.)

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      #3
      For $26.00 plus the cost of maybe 3 postage stamps ($1.32), you can be done with them forever. Amend your schedules, pay the $26 and be done with them. Make sure you think of everyone and anyone you owe money to.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment


        #4
        Yeah I would amend the schedule and add them for that amount. I had one slip through the cracks that was only $25.00 and I am just going to pay it. It was actually a fairly recent medical bill, and I think I had not yet received the billing statement at the time I filed.

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          #5
          It Might Be More

          If your case has already been discharged, it will cost more than $26 to amend. You'll have to reopen that is over $200. Just tell the creditor that you're a no-asset case and that all debt incurred prior to the discharge is considered discharged as a matter of law.

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            #6
            I have a question about this too. I've filed the full petition but not yet had the 341 meeting. Is it as simple as forwarding the official notice to the add'l creditors, then filing cert. of service with the court and an amended sch F? Or is this a district-specific process?

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              #7
              Please check your local rules and/or procedures. It is pretty specific as to what you will need to do to add new creditors.
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog

              Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

              Comment

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