When is it too late to add anything to my bankruptcy file?
I want to add some more debts to my file that have recently come up. I filed for bankruptcy about a year ago. Is it too late to do so? What can I do?
Answered By: Heupel Law
If the debt was incurred prior to your filing date, then you can add the debts to your petition. However, if the debt was incurred after your case was filed, then you'll need to pay the debt or look at filing Chapter 13.
Answer Applies to: Colorado
Replied: 12/28/2011
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Answer Applies to: Colorado
Replied: 12/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bankruptcy Law office of Bill Rubendall
If your bankruptcy is over and you received a discharge notify any creditor of that fact.
Answer Applies to: California
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Carballo Law Offices
If it was a Chapter 7 the debts might be discharged even if you did not inadvertently list those debts in the petition assuming that your had no non-exempt assets when you filed the Chapter 7 case. However, you need to inform the creditors that were not listed and present proof of your discharge.
Answer Applies to: California
Replied: 12/22/2011
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Answer Applies to: California
Replied: 12/22/2011
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Answered By: The Law Office of Darren Aronow, PC
If your case is closed, then you would have to file a motion to reopen your case and add those debts. You should talk to an attorney to see if it is worth doing.
Answer Applies to: New York
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Jakob-Barnes Law Firm, LLC
Only debt that is incurred before the bankruptcy is filed can be included.
Answer Applies to: Georgia
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Georgia
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Michael Johnson
It matters when the debts are from and the information that you had in regards to the debt. You should consult with an attorney.
Answer Applies to: Florida
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Florida
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office Of Magnolia Zarraga
Contact your attorney if you have one. If you filed for yourself you'll have to submit the additional creditors to the court and will have to pay a filing fee for amending/adding creditors. You can only add a debt you had prior to the filing of your bankruptcy. You have until your discharge to add debts. Make sure you add any missing creditors all at once this time so you only have to pay one filing fee. There are consequences for failure to originally list all your creditors if your case is an asset case because creditors will argue they have been prejudiced by not getting the notice in time. It is very important to include all your creditors from the beginning so that you don't risk your ability get a discharge of ALL your debt. This is yet another reason why it is very important that you contact a local, experienced bankruptcy attorney to assist you from the very beginning. Good Luck.
Answer Applies to: California
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Ryan Legal Services, Inc.
If your bankruptcy case is closed and you have received a Discharge Order, the creditors cannot be official added via an amended Schedule filed in the closed case. In most Circuits, a debt incurred prior to the filing of the bankruptcy is also discharged so long as no assets were recovered by the Panel Trustee and distributed through the administration of the estate.
Answer Applies to: Ohio
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Ohio
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Janet A. Lawson Bankruptcy Attorney
You can not add debts that arose post petition. If it is a pre-petition debt, you can add them if the case is still open. If it is a pre-petition debt you forgot and the case is closed, send them a copy of the petition. The debt is discharged in any event.
Answer Applies to: California
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Ashman Law Office
You messed up in omitting creditors but sometimes that can be fixed. Depending on what was left out and which court you were in, you may be able to pay a fee to the court to reopen the case. Do not do this without a lawyer. There are situations where you should and others where there may be a downside.
Answer Applies to: Georgia
Replied: 12/21/2011
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Answer Applies to: Georgia
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Stockman Law Office
If they are post petition debts, then it is too late. If you have discharged it is late, and you are supposed to list all debt on your filing. Why were the debts in question omitted from the filing, and was it on purpose, or are these creditors who were assigned or sold debt from other creditors? It makes a difference and the answer will depend on the facts of your case.
Answer Applies to: Florida
Replied: 12/21/2011
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Answer Applies to: Florida
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Harkess and Salter, LLC
If the debts were created after you filed then they cannot be listed. If they were created before you filed and forgotten, then they might be added depending on the circumstances. This is the sort of question you must discuss with your attorney as the specifics of your situation affect the answer.
Answer Applies to: Colorado
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law offices of John P. Brooke
Assuming your case is closed and discharged you would need to make a motion to add the creditor and open the bankruptcy. The judge may or may not grant this depending on the reason for not including the creditors in the petition the first time. You would definitely need an attorney to do so as a layperson would not know the procedure and law to file the motion. You can also only attempt to add debt that existed before you filed. If it is debt that was incurred after you filed the petition than it can't be added to that bankruptcy.
Answer Applies to: New York
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Diana K. Zilko, Attorney at Law
You'll probably have to re-open the case and see about adding the additional creditors.
Answer Applies to: California
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Diefer Law Group, P.C.
I believe that the debt you want to add might be too late to add if you filed a year ago. There are some options. If you filed a chapter 7, you could file a motion to reopen your case and add these debts if they existed at the time you filed. Also, you might just send these creditors proof that you filed a bankruptcy and received a discharge. They might just show the debt as discharged in bankruptcy. If not, you might have to reopen your case to add them to the bankruptcy case.
Answer Applies to: California
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: AyerHoffman, LLP
You should contact your bankruptcy attorney to assist you in having debts which existed prior to your bankruptcy filing added to your petition.
Answer Applies to: Massachusetts
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Massachusetts
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Symmes Law Group, PLLC
If you incurred your debts after filing for bankruptcy then it would be too late to add them to your bankruptcy. If you forgot to add in your debts at the time of filing, your case can be re-opened for a fee to add your debts.
Answer Applies to: Washington
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Washington
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Offices of Kristy Qiu
You can't add anything if it's a chapter 7 and the debts were incurred after you received the order to discharge. You may be able to add them if it's a chapter 13 case, however, it is highly unlikely.
Answer Applies to: Florida
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Florida
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Gregory J. Wald, Attorney at Law
If you had a "no asset" bankruptcy, the time for adding a debt never expires as long as you owed it before you filed your bankruptcy petition and did not intentionally leave it off your schedules. If it was an "asset" case in which creditors received a dividend, then you have to add the debt in time for the creditors to file a claim and receive a distribution.
Answer Applies to: Minnesota
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Minnesota
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Judith A. Runyon, Esq. Attorney at Law
You can't add debts that occurred after you filed bankruptcy.
Answer Applies to: California
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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