CALL NOW!
FREE PHONE/VIRTUAL CONSULTATION

What to Do If You Skip a Creditor When Filing for Bankruptcy

mistakeBankruptcy Schedule Mistakes

Mistakes are made all the time in life, but when you make a mistake in bankruptcy it can cost a lot. Mistakes in listing creditors could mean the difference between a bankruptcy discharge and a bankruptcy fail.

The good news is you are usually allowed to correct your mistakes.

When it comes to leaving a creditor off your bankruptcy schedule, you might be able to fix the error of your ways and move forward. But not always. Here’s what you need to know:

Amending an Open Bankruptcy Case

If your bankruptcy case is still open you should be able to amend your schedules. Adding a name to the open schedules means it will be added to the master list of creditors which means the creditor will likely be notified and included in your bankruptcy.

Keep in mind, just because you’ve filed and the filing has been accepted doesn’t mean your case will ultimately be successful. But it’s soon enough in your case that if you make adjustments they probably won’t look suspicious. There is usually an amending fee, so the less you need to amend the better.

But just adding a creditor doesn’t mean that creditor will get timely notice of your bankruptcy automatically. As soon as you file the clerk’s office sends out notice to your creditors. The notice includes alert of the automatic stay and dates for the first meeting of creditors, the deadline to object, and the bar date for filing proofs of claim.

Any creditors you need to add when you amen your schedules are still legally entitled to getting notice and if they do not get actual notice, there’s a chance that creditor won’t be bound to the same deadlines.

Your bankruptcy attorney can make sure all parts of this are taken care of and ensure that any newly listed creditors receive actual notice.

Amending after Deadlines Have Passed

But what happens if your meeting of creditors and the other important dates listed in the notice have passed? Can you still amend your schedules to include additional creditors?

Usually, if it’s just the deadline for the first meeting of creditors, adding a creditor is still fairly easy. Don’t set out to need to do it, but don’t panic if it’s necessary.

This is not so much the case if the date to challenge the discharge has passed. Chances are a debt linked to a creditor that did not receive notice in time to challenge the discharge will survive the discharge – meaning you’ll still owe the debt and the court will offer no protection from collection efforts.

You can learn more about creditors challenging bankruptcy discharges from this information from NOLO.com.

You might still have options, so make sure you discuss any missed creditors with your attorney. Never ignore the problem or not say anything to your attorney because you don’t want to get into trouble or you’re assuming it’s too late. It’s better to give your attorney the information and let him or her decide how you should proceed.

Keep in mind, Chapter 7 bankruptcy is a lot more flexible when it comes to dealing with missed creditors than Chapter 13 bankruptcy. In most cases, if a creditor doesn’t get notice of filing in time to object in a Chapter 13 bankruptcy, the court will side with the creditor and they will not be bound by the discharge.

To learn more about bankruptcy and what’s required of you when you file, contact the bankruptcy Law Office of Robert M. Geller at 813-254-5696 to discuss your situation.

Archive

Tampa Bankruptcy Law Blog

3 Ways You Can File for Bankruptcy

Ways to File for Bankruptcy Filing for bankruptcy is one of the best ways for many people to get their...
Read More

5 Benefits of Filing for Bankruptcy from Home

Filing from Home Filing for bankruptcy from home is one of the best ways to get your financial life back...
Read More

3 Tips to Help You File for Bankruptcy at Home

File for Bankruptcy at Home It might surprise many people to learn that you can file for bankruptcy from home....
Read More

3 Reasons Why Now is the Best Time to File for Bankruptcy from Home

File for Bankruptcy from Home Filing for bankruptcy from home is one of the safest and most convenient options you...
Read More

What is a Bankruptcy SOFA?

Bankruptcy SOFA Filing for bankruptcy requires a lot of paperwork. The majority of bankruptcy paperwork includes schedules that list your...
Read More

What is a Rule 2004 Exam?

Rule 2004 Exam Bankruptcy cases are handled in a bankruptcy court, but rarely do people who file need to make...
Read More

What is a Tuition Clawback?

Tuition Clawback Student loans are one of the primary causes of financial struggles and a common reason people ultimately file...
Read More

What is a Preferential Transfer?

Preferential Transfer When you file for bankruptcy, the bankruptcy court determines the order of payments.  This is true for both...
Read More

3 Tips for Choosing a Bankruptcy Lawyer

Bankruptcy Lawyer Bankruptcy is one of the most common reasons for someone to need an attorney. Filing for bankruptcy is...
Read More

What Does Presumption of Abuse Mean and What’s Its Role in Bankruptcy?

Presumption of Abuse Deciding to file for bankruptcy is an intimidating experience. It becomes even more so as the process...
Read More

Bankruptcy

For The Next 5 Days GET A FREE BOOK About Bankruptcy

Learn More

Infographics

We are A Debt Relief Agency.
We help people file for bankruptcy under the Bankruptcy Code

Pay Online Bankruptcy Courses Newsletter Subscription

NACBA Logo comodo avvo1 avvo2 avvo3 LEA BBB Logo RG Seal

Call For A Free Initial Consultation

813.254.5696

Tampa Office

Law Offices of Robert M. Geller, P.A.
807 West Azeele Street
Tampa, FL 33606
T: (813) 254-5696
T: (800) 853-7549
F: (813) 253-3405

Map And Directions

St. Petersburg Office

Law Offices of Robert M. Geller, P.A.
125 5th Street South
(Wells Fargo Financial Center)
2nd Floor, Suite G
St. Petersburg, FL 33701
T: (727) 532-3939

Map And Directions

Pasco Office

23526 State Road 54
Lutz, FL 33559
T: (813) 336-2320

Map And Directions