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Creditors not listed in petition

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    #1

    Creditors not listed in petition

    I have a quick question, and hopefully someone out there has a quick, honest answer

    I found a creditor I did not list in my petition. It was completely an accident/oversight on my part.

    What happens if I just let it go till the end of the plan? Is it very important to file an amended?

    It is about a 500 dollar debt to a utility company. I already refered their collector to my lawyer. I am 6 months into a 5 year plan paying back about 8%.

    Thanks
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    #2
    Contact your attorney first thing Monday morning.
    _________________________________________
    Filed 5 Year Chapter 13: April 2002
    Early Buy-Out: April 2006
    Discharge: August 2006
    "A credit card is a snake in your pocket"

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      #3
      Originally posted by Flamingo View Post
      Contact your attorney first thing Monday morning.
      Agree with Flamingo - you need to talk to your lawyer about this right away. Whether its important to modify your plan to include this creditor often depends on the type of creditor and how much you owe the them.

      The $500 you owe to this utility isn't much and if you can pay it back on your own during your Ch 13, since bk'ing on a utility can lead to increased down payments or other long-term problems getting utilities if you move, your lawyer may tell you it's probably best to pay back this forgotten debt off on your own as quickly as possible.

      However, if you truly have no financial "wiggle room" to pay back the creditor yourself during your 13, then the utility can be added to your filing. It costs to do this (how much depends on your Ch 13 lawyer's fee to add creditors - ours would have charged us $29, the court fee to file an amended list of creditors - but others may charge much more).

      Also remember to ask your lawyer if filing an amended list of Ch 13 creditors requires a notice be sent to ALL your creditors notifying them your plan has been amended and giving them an additional period of time (usually 30 days) to file claims if they have not already. Given your low pay-back %, if this has to occur in your case, your lawyer may advise not giving your creditors another crack at you.

      Bottom line....call your lawyer and find out what's best to do in your situation. Good luck - let us know what you find out, ok?
      Last edited by lrprn; 07-06-2008, 02:15 PM.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !
      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

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