What Happens if you forget to list a Creditor?
Posted By
Majed on Nov 1, 2010 7:49am PDT
The goal of personal bankruptcy is to obtain a discharge, which is absolves a debtor of his/her legal obligation to pay a debt. In light of this goal, two problems are presented when a creditor is inadvertently left off. 1) The bankruptcy code demands thorough veracity and 2) If you do not obtain a discharge you are still legally on the hook for that creditor.
Although not idea, bankruptcy petitions can be amended for forgotten creditors. If your case is still active, you may petition to amend your schedules to include the forgotten creditor(s). If your case has already been closed you would need to file a Motion to Reopen the case and go from there.
The very best thing a debtor can do is contact an attorney as soon as he/she begins to seriously consider bankruptcy. An experienced bankruptcy attorney, such as the lawyers at the Fears | Nachawati Law Firm, will be thorough and vigilant in ensuring that you have all the information necessary on the front end to meet your goals.