Can I add a creditor after I had the creditors meeting? 17 Answers as of November 18, 2013

Can I add a creditor even after the creditors meeting a few years later?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Stephens Gourley & Bywater | David A. Stephens
You can add creditors until the case is closed.
Answer Applies to: Nevada
Replied: 11/18/2013
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
If the debt existed before you filed, was accidentally left off and there was no distribution to your other creditors the debt was discharged even tho it wasn't listed. Inform the creditor of your filing. If they persist, reopen the bankruptcy, add them and seeks sanctions.
Answer Applies to: New York
Replied: 11/18/2013
Portland Bankruptcy Law Group
Portland Bankruptcy Law Group | Christopher J. Kane
Yes, you can add a creditor to your bankruptcy case anytime before the case is closed.
Answer Applies to: Oregon
Replied: 11/14/2013
Danville Law Group | Scott Jordan
Is yours a Chapter 7 or 13 plan? Did you receive a discharge already? Generally, no you cannot add a creditor if you received the discharge and the case is closed. However, if the case was a no asset case, you can tell the creditor that you filed bankruptcy, provide the creditor with the Notice of Bankruptcy Filing and tell the creditor it was a "no asset" case and they have no rights to collect. The creditor may or may not go away. Good luck.
Answer Applies to: California
Replied: 11/14/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, the fee is $30.00
Answer Applies to: California
Replied: 11/14/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You can add a creditor as long as your case is open. A few years later would be stretching it!
    Answer Applies to: Nevada
    Replied: 11/14/2013
    Idaho Bankruptcy Law | Paul Ross
    There are a number of other issues that are necessary to know at this point. Generally, in a no-asset Ch 7 in Idaho, failure to list a creditor does not matter. That creditor is discharged. If it was an asset Chapter 7 and a distribution has been made, then the debt is generally not discharged. Chapter 13 depends on if a plan is confirmed and some other issues. Visit with your attorney regarding your specific instance.
    Answer Applies to: Idaho
    Replied: 11/14/2013
    Law Offices of Peter De Bruyn
    Law Offices of Peter De Bruyn | Peter De Bruyn
    You can add creditors through the amendment process, anytime before the case is closed. You cannot add creditors "a few years after the creditors meeting.
    Answer Applies to: California
    Replied: 11/14/2013
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Yes, just file an amendment.
    Answer Applies to: New Jersey
    Replied: 11/14/2013
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    Yes. You will need to fill out an Amendment Cover Sheet, Amendment of Schedule F or D or E, depending what type of debt it is. Also send copies of Amendment and the Amended schedules to the creditor, the Trustee, and US Trustee (check out back page of Amendment Cover sheet talking about service - address for Trustee should be on the Bankruptcy notice you received after the case was filed). Mail the documents and after that file them with the court.
    Answer Applies to: California
    Replied: 11/14/2013
    Law Office of Shawn N. Wright | Shawn N. Wright
    Yes, you can definitely add a creditor after the creditors meeting. You should do it as soon as possible. There will be a $30 court filing fee. Under bankruptcy law, as it's practiced in Pennsylvania, an unlisted (unscheduled) debt is still considered discharged (wiped out) as long as your case didn't distribute funds to the creditors. But yes, if you have to, then you can still reopen your bankruptcy case years after it's over, in order to add a creditor. That's somewhat more complicated, because you have to petition the Court to reopen the case and there's a reopening fee of $260 for that, if it's a Chapter 7 case.
    Answer Applies to: Pennsylvania
    Replied: 11/14/2013
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Usually you do not need to do this. Pursuant to case law if your case was a no asset case (meaning no claims were required to be filed by creditors) then the debt is discharged even if they were not included. If your case was an asset case and the creditor did not receive notice then the debt is NOT discharged.
    Answer Applies to: California
    Replied: 11/14/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Your question is really far to general to answer properly. Are you in a chapter 13 plan? Did you file a chapter 7 case? Did your trustee collect and distribute funds to creditors through a bankruptcy estate? Has your case been closed yet? Is the creditor you are asking about a new one or a creditor you owed money to at the time your case was filed? What is the reason they were not included originally?
    Answer Applies to: Colorado
    Replied: 11/14/2013
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    This is doable but the better question is why? You can always file a Motion to Open your Bankruptcy. This costs a filing fee. Then you can file a Motion to Amend the Schedule F. The only question again after going through all this trouble is why? If you are a no-asset case then any debt whether listed or not listed on the Schedule F that was eligible for discharge is still discharged, regardless of your failure to list it originally. If a creditor is telling you that you need to add them to the creditor matrix, usually they are just giving you a hard time. There is ample case law to support that they would be discharged regardless. If you were an asset bankruptcy...then you have bigger problems and need to consult with an attorney immediately. If you are in Connecticut please feel free to contact my office for further information or assistance.
    Answer Applies to: Connecticut
    Replied: 11/14/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Yes. Amend schedule and file with court. Mail notice of bk to creditor and file certificate of mailing.
    Answer Applies to: Nevada
    Replied: 11/14/2013
    Law Office of Barry R. Levine | Barry R. Levine, Esq.
    Yes. As long as the case remains open, creditors can be added. There's a fee involved, but that's it.
    Answer Applies to: Massachusetts
    Replied: 11/14/2013
    Moffa & Bonacquisti, P.A.
    Moffa & Bonacquisti, P.A. | John A. Moffa
    Usually there is no problem, but your attorney needs to pay a fee to the court to add a creditor and the new creditor needs proper service and Notice from your attorney. Adding the creditor is somewhat simple, but ensuring proper service is more complicated to ensure the Discharge of that debt.
    Answer Applies to: Florida
    Replied: 11/14/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney