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Generally, if you forgot to put items in a Chapter 13 case or a Chapter 7 ASSET case, then you are stuck if you fail to add those creditors before the case closes. If you forgot to put items in a Chapter 7 NO ASSET case, then you can usually file a Motion to Reopen the case (for which the court charges a $260 fee as of 5/12/07) and then you file an Amended Schedule F (or D or E as is applicable) and add the creditor (for which the court charges a fee of $26 as of 5/12/07). You also have to pay attorneys fees for the attorney who does this for you. To add a debt to an old bankruptcy case, the debt must have been incurred before the case was originally filed unless it was a Chapter 13 converted to Chapter 7, in which case the debt must have been incurred before the case was converted to Chapter 7. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks! tooo bad tooo bad

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โˆ™ 2007-09-24 13:09:43
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Q: If you forget to include certain items in your bankruptcy case can you refile or are you stuck?
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Related questions

Can you refile bankruptcy if its still active?

no


Can an individual dismissed from Chapter 13 bankruptcy refile for bankruptcy?

You can file a Chapter 7 bankruptcy.


Can you refile for bankruptcy once you have had bankruptcy overturned?

What could you possibly mean by overturned? Bankruptcy cases are dismissed (for any number of reasons) or discharged (as in completed). It is all covered by Federal law. Depending on which and why will depend on when you can refile.


While in a chapter 13 bankruptcy can you stop the bankruptcy?

Yes, and if things don't work out, you can refile.


When can you refile chapter 7 bankruptcy in Georgia?

never because do to law


Can you refile bankrutpcy after receiving a discharge?

Huh? Discharged from what...your last bankruptcy filing?


What if you filed bankruptcy can you change your mind?

Under some circumstances the court will allow you to stop your bankruptcy if you can prove it will not cause harm to your creditors. File a motion to dismiss your case. Some courts will not allow you refile within a certain amount of time after changing your mind.


How long after you have a chapter 13 bankruptcy dismissed do you have to wait before refiling?

It is 180 days before you can refile


If you filed for Chapter 7 Bankruptcy 7 years ago when you were married can you refile again now that you are single?

Never


When can you refile bankruptcy after a previous bankruptcy discharge?

Under the Bankrputcy Abuse and Consumer Protection Act of 1995, an eight year period must go by before a person is allowed to file for chapter 7 bankruptcy again.


Can a chapter 13 bankruptcy that has been dismissed be discharged?

No, once a bankruptcy is dismissed it has to be refiled after the time limit has expired. The time limit to refile after a chapter 13 dismissal is two years.


How many times can you refile a chapter 13?

If you are facing some serious financial issues, you may consider filing for chapter 13 bankruptcy protection. If you do file keep in mind that there is no limit to the amount of times you can refile for the same protection.

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