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What do you do when you forgot to list a creditor on your bankruptcy and it has already been discharged?
Wiki User
∙ 18y ago
The normal procedure is to file a motion to reopen the case so you can add the crediotr that you forgot to list. A great deal depends on whether or not you had assets available to pay creditors. In some areas of the country, unlisted debts are still discharged if you have a "no asset 7" when no money was available to the creditors. You should consult a bankruptcy attorney to determine if further action is warranted.
Wiki User
∙ 18y ago
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Are there repercussions for someone who 'forgot' to list a creditor due to the debt being incurred under an assumed name?
You need a legal opinion on this question and I can't provide that for you. From a lay person's point, I think the repercussions are that: Forgetting to list any debt in your bankruptcy means that particular was not discharged. Therefore, you would still owe it. It's very possible. If for the person used a different name with the intent to defraud, that's a criminal offense. For example incurring debt that the person never meant to pay. I don't quite understand how this came about, since lenders go to great lengths to verify the consumer's personal/financial history.
What is another way of saying you forgot?
It was an oversight. It was overlooked.
What can you do if you forgot your atm card no?
just see on the atm card.... you will get it.
How get the forgot pin of debit card of central bank of India?
yes
Email you a new password for online banking.?
i am forgot in my passward.can you pl sent to me by Email.
Can someone file judgment on someone who filed bankruptcy and had it discharged 1 year ago?
It depends on whether that creditor was listed on Schedule F at the time of the filing. The filing of Bankruptcy (BK) doesn't in itself wipe out the debt: that debt must be listed on the list of creditors. If a debt was discharged under BK then the creditor(s) on the list of discharged debts cannot take any action against the Debtor: IT'S GONE FOR GOOD! That's what BK is for-- to give a fresh start. If the creditor was such at the time of filing and the debtor forgot to include that creditor on the list, he may be able to later add it on and have that debt also discharged. Now, if the debtor has since incurred a debt after the BK was discharged then that creditor can take action against the debtor.
Forgot to include a creditor in a chapter 7 it is unsecured will it still be discharged?
No, but you will be protected under the stay for as long as the Ch. 7 is active (not been discharged or dismissed), and you have alotted amount of time to add creditors.
You did chapter 7 and went to court but you forgot about one person you owe can you still add them?
Yes you can re-open your BK to add a creditor. however, if it was a no asset case, there is no need to add them as their debt would be considered discharged.
If you filed bankruptcy but your spouse did not what happens with a personal loan you have together that you forgot to file on?
The creditor can legally pursue collection of the debt owed from the non-filing spouse by whatever means they deem necessary, including filing a lawsuit.
Are you still responsible for a debt that you forgot to list before being discharged from chapter7?
Yes
Can you add an account after filing for bankruptcy if it's been a couple of months and you were discharged but you recently received a letter from one of the accounts and realized you forgot to add it?
I think there's some kind of amendment you can file for up to a year after you're discharged. There's a fee for filing an amendment and it's probably different in each state. Check with the lawyer who handled your case.
If you have a medical bill that you forgot to include in your bankruptcy are you still liable to pay for it even if it was done before you file bankruptcy and later found out the insurance didn't pay it?
Yes, it is still considered your debt, even though you have had a bankruptcy discharge. You could try reopening the BK filing and adding the debt on. That however is complicated and expensive. Your best option IMO, is negotiate with the creditor. The Bankruptcy Code says a debt is not wiped out if it was not listed (see 11 U.S.C. 523(a)(3)), but there is some case law (not applicable in all jurisdictions) that says it IS wiped out in a Chapter 7 case IF it was inadvertently missed, IF the Chapter 7 was declared a "no asset" case, and IF the debt was of the sort that it would have been discharged had it been properly listed. In this situation, one could call their bankruptcy attorney and ask how much it would cost to reopen the case and add the creditor to the bankruptcy. The Court charges a reopen fee of $155.00 and an amendment fee of $26.00, plus the attorney would charge his or her fees to do the work. Then, one could ask the medical creditor how much they would settle the claim for. Whichever is cheaper is probably the best thing to do. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
I forgot which week my recycle pick-up is. I was on vacation, so forgot which week to put out my recyle.?
Work out an agreement with the other party, or file for bankruptcy. Filing for bankruptcy stops all wage garnishments. Or, obviously, pay off all of your debts!
How do you access marriage records if you already forgot the date of the actual marriage?
Are you actually wondering WHY your not married anymore, considering you already forgot the date?!?!
What do you do when a guy askes you out but he forgot he already had a girlfriend?
Then he is a real idiot.
What if you forgot to include a checking account information on your bankruptcy case?
"Forgot"? The forms or your lawyer asked for all bank or other financial accounts. If the balance in your account was close to zero at the time of filing, you may not need to worry, but if there was a significant balance, you should amend your Schedule B to include it. Check with your lawyer or get a bankruptcy lawyer.
Can you add debts to a discharged bankruptcy?
In a Chapter 7 case, one can normally reopen a bankruptcy to add a creditor as long as the debt was incurred before the bankruptcy case was filed and the debtor simply forgot to list the creditor on his or her petition. The court charges a filing fee of $155 to reopen a case and a $26 amendment fee to add the creditor (as of 2/11/05) plus you'll likely owe additional attorneys fees to do all the extra work. However, if one has a mortgage listed in their petition and the debtor reaffirmed the debt, then chances are the debtor is stuck with the debt once the Discharge and 60 days after the reaffirmation agreement is filed with the Court expire. If the debtor had the mortgage listed and didn't reaffirm the debt, then chances are the debtor can get out of the debt.Under certain circumstances you can add debt after bankruptcy as illustrated by Robinson v.Mann.339F.2d547 (5th Cir.1964). Courts have the discretion to allow amendment of schedules after the expiration of the claims period under exceptional circumstances such as (1) the case is a no-asset one, (2) there is no fraud, and(3) the creditor was omitted through mistake or inadvertence.In a chapter 7 no asset case, anyone creditor to whom the debtor owed money prior to filing is included in the bankruptcy, whether they were listed on the schedules or not. If an asset is administered, the debtor should attempt to list all creditors prior to the trustee administering assets. If they don't that debt will survive the bankruptcy.In chapter 13 cases, the debts should all be listed prior to confirmation. If they are not, and the creditor cannot share in any distribution of funds, the debt will survive the bankruptcy.
