Adding Unsecured Creditors to Chapter 7

[vibrantthang]

Good evening all,

I found 4 creditors that I left off my original creditor matrix and received 3 medical bills within the last week. My 341 meeting is Thursday 2/13 (weather permitting). I have filed Chapter 7 and have no assets. Should I do the amendment and get them added or just wait until discharge and mail them a certified copy of the discharge order? I would prefer to circumvent the $36 fee as I was able to successfully win a waiver of the filing fee.

Thanks in advance,
Vibrant

[AngelinaCat]

You need to amend your petition and Mailing Matix, or those creditors are not properly notified of your "suggestion of Bankruptcy", and that is against the law.

As for the medical bills--if they were for follow-up appointments for something that happened PRIOR to the filing date, then include them. If the medical bills are for something that happened AFTER you filed, then you own that debt.

So sorry, but once you file, have a date, and case number, your financial picture is how it looks on the day you filed. You cannot add a new debt, once you have filed. That is why I asked about your medical situation. I should say that you can do anything you want to, after you filed. It's probably not wise, and I recommend living on a cash basis. But once you file and are discharged, the cc companies crawl out of any wall socket they can, because they KNOW you are not able to file a CH7 again for eight years.

I do not remember if you filed pro se or not, but if you are pro se, go to your local BK Court with a new type-written (or computer generated) paper with your amendments to the Mailing Matix. That should be a relatively low amount, say $26.00, or so.

[vibrantthang]

Angelina Cat, thank you so much for your reply.

You need to amend your petition and Mailing Matix, or those creditors are not properly notified of your "suggestion of Bankruptcy", and that is against the law.

As for the medical bills--if they were for follow-up appointments for something that happened PRIOR to the filing date, then include them. If the medical bills are for something that happened AFTER you filed, then you own that debt.

So sorry, but once you file, have a date, and case number, your financial picture is how it looks on the day you filed. You cannot add a new debt, once you have filed. That is why I asked about your medical situation. I should say that you can do anything you want to, after you filed. It's probably not wise, and I recommend living on a cash basis. But once you file and are discharged, the cc companies crawl out of any wall socket they can, because they KNOW you are not able to file a CH7 again for eight years.

The medical bills were prior to filing bankruptcy, but I didn't receive the bill until after filing as they filed for payment with my insurance company. It took over a month for them to send me the invoices for what insurance did not cover. In all, I have to add 7 creditors - 5 medical and 2 utilities. All incurred prior to filing and I have not incurred any debt since. I've been living on a cash basis for the last 6 months and been unemployed for the last 2.5.

I do not remember if you filed pro se or not, but if you are pro se, go to your local BK Court with a new type-written (or computer generated) paper with your amendments to the Mailing Matix. That should be a relatively low amount, say $26.00, or so.

Yes, I did file pro se and have followed the local rules in relation to adding the creditors.

I have two additional questions regarding this topic:

1. Do I just mail the 'Notice to Creditors(s) (RE Amendment) and a copy of the 'Notice of Meeting of Creditors'? Or, are there any additional forms I need to include. Neither the national or local rules made that clear. I plan on sending the notices and paying the additional fee at the Post Office for a Certificate of Mailing.

2. At the bottom of the Amendment Cover Sheet that is required per my local rules, there is statement: "Pursuant to Federal Rule of Bankruptcy Procedure 1009(a) and Local Rule 1009-1, I certify that notice of the filing of the amendment(s) checked above has been given this date to the United States Trustee, the trustee in this case, and to any and all entities affected by the amendment as follows: _______ " Does that blank line ask for how the affected parties were notified? I was unclear and unable to find anything about it in the NOLO book.

[LadyInTheRed]

I think the blank line is for the names and addresses of who you notified. But, I'd also include how you notified them just to be sure.

ETA: Did you read the 2 rules to see if they help?

[bcohen]

Yes, pay the $36 fee--which is only a one-time charge, not a "per-creditor" charge--and add the creditors to your schedules and mailing matrix. Although you might be able to get away with sending them a copy of the discharge order later, why take a chance that the creditors will continue to torpedo your credit rating, harass you with collections calls, etc? Just do it the right way.