Oh NO 3 creditors left out of filling What to do now?

[dgr]

Just as I am thinking I can relax something up pops 3 bills in the mail I had thought went to
a collocation agency and I listed the agency. Not sure if these 3 are trying to flop it back
to make me pay. I called all 3 today they are stating they have not received any
information on the bankruptcy, I said will you would had because it went to your
collocations agency. They sell their accounts to a agency. But at the end of the day
it seems they are setting up walls. So I am going to have to find away around them since
they aren't listed on my list of creditors that I filled since I was in the understanding
they had sent the accounts to a agency. I have moved past that fact, Now what is
my next more? Should I file Amended Schedule? And if I do amended and add them with give the creditors time to object to claimed and push my discharge date further a way? I haven't discharged yet I have till 11/5 before that happens. I am a chapter 7 "no asset" case. I know there is a ruling where if its a no asset case all debts will be discharged HOWEVER
I don't want to leave anything to chance. This leaves how do I get these discharged if the aren't on the list who would I contact and when would I contact them?
No wonder the lawyers make so much money lol. they just aren't getting my money... If there is will there is a way...

Please shed some light on this if anyone can... Guess its time to go back to researching.

[nikcool]

I can't advise you on filing an amended schedule, or the legalities of anything, but I can tell you that some creditors bothered us after we filed ch 7. One even filed a Writ of Garnishment. We(my spouse) had to go to court to straighten that out, but EVERYTHING has quieted down. We can answer our phone and are only getting car loan offers and junk mail right now. Someone told me they might not believe that you've actually file because a lot people lie about it.

My advice is, when you contact them, make sure you tell them you have filed and offer to give your case number and date that you filed. I made a lot of calls to 'legal departments' until everything quieted down.

Again, I'm no expert, so I have no idea what the best advice would be.

[justbroke]

If your case is still open, just pay the $30 and file the amendment! Serve the 3 "new" creditors with the Notice of Bankruptcy and file the amendment and the Certificate of Service with the Court. This will keep you from needing to deal with these 3 creditors. A notice to their "agent" -- a collection agency hired to collect or to which the account was sold -- is constructive notice of the bankruptcy. Forgetting a creditor or serving a collection agency only to have a new agency or the original creditor come after you, happens more often than it should. But, it does happen.

As for a "no asset" bankruptcy discharging "all debt which arose prior" to the petition date, this is true. However, Districts deal with it differently with some requiring the debtor to simply amend, and others denying re-opening a case just to amend since "all" debts are discharged.

So, simply, just amend your schedules. Make sure you follow your "local rules" for amendment and provide new "statistical" pages as required for an amendment. This will not push your discharge date. Your discharge date comes regardless of an individual creditor's "complaint" about discharging that specific debt. (Unless the creditor is going for a general dismissal under 11 USC 707 or some other reason, which is VERY rare for an individual creditor to do.)

[dgr]

Thank you both... Justbroke thanks again.. I am in a district where I would fall under the rule of thumb . But I am not a leave it to chance person.
Esp after this whole life lesson. I don't mind amending at all. It just broke my heart to think it might could move my discharge date though. I had read in a few
place's where it could but it was in other states. I found the rules for my district everything was in the rules other than the details on if the date would change.
If I can find a coversheet/letter for amending and where and what to write on the amendment I can have it filled in the next day or two. I have already printed
the amended schedule I just need to do the new matrix. But I want to thank you both again..

[justbroke]

You don't need a coversheet. You just need to do the amendments (e.g. Schedule F) and make sure you write the word "AMENDED" in front of the schedule name at the top. (This should be in the local rules.) If you are unsure "procedurally" what to do, just call your case manager and, after exchanging pleasantries (good morning, how are you...), start with "I need to ask a procedural question". Then ask "how do I procedurally make an amendment"?

The key is, don't get a deficiency. That's why I referenced the updated "statistical" sheets!

[dgr]

Thanks... That's what I was thinking... I looked over and over our local website that has the rules and forms nothing much on that schedule for amendments. Some had lots of info about it.
I guess I am trying to force a big deal where I shouldn't be..

[justbroke]

Again, you can always ask a "procedural question" of your Case Manager! Leverage them... they are great and it's nice to be on a personal basis with them!