I forgot to add a creditor to my bankruptcy petition? What should I do? This is a common problem when you first file bankruptcy and the answer depends on where you are at in the process of your bankruptcy. If you’re in a Chapter 13 bankruptcy then you will need to contact your attorney and begin the process of amending your filing to add creditor to the petition. However, if you are in a Chapter 7 bankruptcy and you have not had your 341 hearing you still have hope and can call your attorney to have him\her modify your paperwork to add the creditor to your schedules.
If you are still considering filing you should pull a free credit report to see a list of all of your creditors that are reporting on your credit report. This is very helpful if you forget to add someone. However, all is not lost if you bankruptcy case is closed. If the creditor contacts you after you case is closed you only need to inform them that you filed bankruptcy and the date you filed along with the case number if they are trying to collect the debt. As the filer you should take comfort in knowing all debts up to the date you filed are dischargeable unless they are identified and not dischargeable under the bankruptcy protection. Such things like student loans and child support are perfect examples of debts that fall with in the Michigan bankruptcy alimony exemption and are not allowed in the bankruptcy code.
A perfect example of debt that may have been forgotten is a medical debt. This debt would be still null and void if the services were rendered prior to you filing. As an example, you went to the hospital in 2007 or before and then you filed bankruptcy in 2009 and didn’t list the hospital as a creditor. It would not matter for a chapter 7 bankruptcy because all your dischargeable debts were wiped away in 2009 on the filing date. However, you still may find yourself in court for the bills but upon presenting your documents to a judge or the plaintiff’s attorney they would most likely not continue to try to collect the debt for fear of it being thrown of court.
If you have filed bankruptcy in Mid Michigan and you find yourself in this situation you need to contact your old bankruptcy attorney or some other mid Michigan bankruptcy services firm to verify this is not really an issue. You never one to assume any debts have automatically been discharged without seeking legal advice.
Tags: Bankruptcy, Bankruptcy attorney, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Credit Matrix, Michigan Bankruptcy, MidMichigan Bankruptcy
