If someone filed bankruptcy and it is discharged can they go back and add debt to the bankruptcy? 16 Answers as of April 30, 2015

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The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You could reopen your case to add the debt or just request that the creditor acknowledge the discharge
Answer Applies to: New York
Replied: 4/29/2015
Ronald K. Nims LLC | Ronald K. Nims
If a debt that was owed when the bankruptcy was filed was unknown, that debt can be added to the bankruptcy. Debts that are known and not filed together with debts that were incurred after the bankruptcy was filed, can't be added to the bankruptcy?
Answer Applies to: Ohio
Replied: 4/28/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
No, in fact you can't add any debt after you file.
Answer Applies to: California
Replied: 4/28/2015
Stephens Gourley & Bywater | David A. Stephens
Generally they cannot, but the debt may be discharged anyway.
Answer Applies to: Nevada
Replied: 4/30/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
You can amend schedules to add creditors whose claims existed before the date of filing the bankruptcy petition. You may have to pay a fee to reopen the case.
Answer Applies to: Wisconsin
Replied: 4/23/2015
    Idaho Bankruptcy Law | Paul Ross
    There are so many facts missing which will change the answer to this question. Yes, no, maybe are all options. Visit with a bankruptcy attorney and get your answer.
    Answer Applies to: Idaho
    Replied: 4/23/2015
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Yes, if the debt was incurred before they filed their Chapter 7. No if it was incurred after the date of filing.
    Answer Applies to: Colorado
    Replied: 4/23/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    No, once a bankruptcy case is closed, you cannot reopen it to add in forgotten creditors. The case on point is in re Beezley and it says that there is no need to do this if the case was a no asset? filing because there was no harm to the forgotten creditor in not receiving notice of the bankruptcy. You cannot add on debt made after the bankruptcy was filed either. Bankruptcy only eliminates debts made before a case is filed.
    Answer Applies to: Nevada
    Replied: 4/23/2015
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    If the debt was owed at the time the bankruptcy case was filed, but was inadvertently left out of the papers, then it is probably discharged anyway. There are exceptions to this that are related to the type of debt and whether there were any assets distributed by the trustee. If the debt was incurred after the bankruptcy petition was filed then it is not discharged. Period.
    Answer Applies to: Colorado
    Replied: 4/23/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    No. The BK consists only of the debt existing at the time the petition is filed.
    Answer Applies to: California
    Replied: 4/23/2015
    Michael J. Duggar, P.A.
    Michael J. Duggar, P.A. | Michael J. Duggar
    Yes. You can move to reopen the case, pay the reopening fee $260, add omitted creditors, and pay the court for adding creditors. Usually not an inexpensive proposition. Good luck.
    Answer Applies to: Florida
    Replied: 4/23/2015
    Law Office of Andrew Oostdyk
    Law Office of Andrew Oostdyk | Andrew Oostdyk
    In order to include debt from a Creditor that was not notified of your Bankruptcy, and therefore not included in your Order of Discharge, the following factors must be met. 1. The debt must have been incurred prior to filing Bankruptcy. 2. The case must be a no asset case, meaning that there was not a distribution of assets to the Creditors who were given notice. 3. The exclusion of said Creditor was not intentional. 4. The debt would have been discharged had the Creditor been given notice.
    Answer Applies to: Texas
    Replied: 4/23/2015
    Bunch & Brock, Attorneys-at-Law
    Bunch & Brock, Attorneys-at-Law | W. Thomas Bunch II
    Yes, in certain circumstances, a Chapter 7 case can be re-opened and a creditor added. However, if the Trustee made a distribution to creditors of the debtor's assets that were liquidated, then adding a creditor after the distribution is made would then be too late. The late-filed amendment to add a creditor cannot prejudice the creditor in participating in the distributions of the bankruptcy estate. In the case of a Chapter 13, the failure to list a creditor before the proof of claim deadline will cause the debt to be unaffected by the discharge. It would be important to seek the advice of a lawyer (one-on-one) before taking any steps to collect such a debt.
    Answer Applies to: Kentucky
    Replied: 4/23/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Usually NOT. Seek counsel.
    Answer Applies to: Michigan
    Replied: 4/23/2015
    Danville Law Group | Scott Jordan
    Is the bankruptcy case closed? Generally, no you cannot add debt to an already closed bankruptcy. However, you may not have to. If the bankruptcy was a no asset Chapter 7, any debt incurred prior to the bankruptcy petition having been filed is generally considered discharged regardless of its being listed in the schedules.
    Answer Applies to: California
    Replied: 4/23/2015
    Thomas Vogele & Associates, APC | Thomas A. Vogele
    Technically, yes, but most courts are reluctant to reopen a case just to add a debt that should have been included in the original filing. There are a number of factors that courts consider so you should sit down with a competent bankruptcy lawyer and explain why you overlooked this debt originally.
    Answer Applies to: California
    Replied: 4/23/2015
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