forgot creditor

[saucey]

what if you forgot a creditor?can you do it yourself or do you have to go through your lawyer?if you can do it yourself does anyone know how to go about doing it?

[anonymuse]

Look for the forms on your state's web site for amending the creditors matrix. It will cost a small fee (about $25), but you can easily do it by yourself.

[razorguns]

Got a link? I tried to find those forms online and could never find them.

r

[anonymuse]

http://www.casb.uscourts.gov/html/CSD%20Forms/CSD1101.pdf

[amyl]

what if you forgot a creditor?can you do it yourself or do you have to go through your lawyer?if you can do it yourself does anyone know how to go about doing it?

Depending on your state law...you don't have to ammend you schedules. There is different "circuit" laws for each state. I sent an e-mail/called my attrny and asked her if I would have to ammend my schedules (go back and add a creditor) and in Ohio you don't have to. (Most states have this law because of the In re vs hicks case. My attrny drafted a letter that I could send to the creditos/collection agencies stating that under 6th circuit(ohio law) this debt is deemed discharged and to cease any collection efforts.

I learned this info from this link. You ask them any question you want (it's free) and they send a reply within like 3 days. You receive and e-mail notification that the question is answered and a link to view the answer. Sometimes they will give you a phone# to call them so they can discuss it in detail...they will call you back if u have to leave a message I promise. In asking the question...ask if your state has a law that if debt isn't listend in the schedule if it still discharged because of the in re vs hicks case. If it is..then all you need is a letter (that your attrny should provide you for free). This way you don't have to pay a fee...and/or wait for it to be added.
You can also view past questions and answers and you might find your answer before having to wait for a reply. Good luck. Let me know if you this helps.

http://www.allexperts.com/browse.cgi?catLvl=3&catID=1086

Also..here is a link to a forum that is more detailed than here...it has helped me with disputing after Bk. If you have any questions you can e-mail me (it's in profile info).

http://www.creditboards.com/forums/

[9877donna]

I read somewhere that if your a 'no asset' case all your creditors are discharged wether they are listed on your Matrix or not.
Anyone else know about this??

[confusedinVA]

9877- I read that in the Nolo book. And believe that I have seen that same thing posted by a member on this site.

[saucey]

thanks everyone for all the help.i really dont have an extra 100 dollars to pay my lawyer to add a creditor.my 341 is october 6 and im freaking out thinking my whole case is gonna be messed up because of this.i really appreciate all the help.

[9877donna]

I know the feeling...

thanks everyone for all the help.i really dont have an extra 100 dollars to pay my lawyer to add a creditor.my 341 is october 6 and im freaking out thinking my whole case is gonna be messed up because of this.i really appreciate all the help.

saucey,I understand how your feeling.My 341 is coming up in 3 days and I too am freaking out.I think for different reasons than yours.You see I'm filing pro-se and realized too late I left out a couple of things on my petition.Hopefully if the Trustee asks me about them I'll be able to Amend the forms without getting my Bankruptcy dismissed.
Please come back and let us know how it goes!
Donna

[razorguns]

are there instructions for that form? I do'nt know where to mail, what to write, etc.

In ca, does it work for no-asset cases that everything, even unrecorded, is discharged? Anyone know? Do i just mail the unrecorded creditors a copy of the discharge?

r

[amyl]

What state are you in? All you have to do is google..or ask and attrny if your state is under a circuit law (which almost all 50 states are). If you are..you do not need to get it ammended. You can draft a letter that under your states circuit law the debt is discharged and to cease collection. Most CA/OC know this law for the state and they have to cease collection.

[razorguns]

california

r

[razorguns]

here's another good article btw:

http://www.usdoj.gov/ust/eo/public_affairs/articles/docs/abi012001.htm

the problem is: even if it's 'automatically' discharged - good luck explaining that to the creditor. They can still say f.u., and put it on your credit report. Which is why amending with the court, and getting a piece of paper ordering that debt discharged - still speaks volumes and ensures it won't go on your cr.

r

[amyl]

I got legal advice from an attrny on CA that educated me on the circuit law. That is how I found out about it. He informed me that it's really a waste of time and $ to get a debt ammended because of the circuit law. In CA it's the 9th circuit law. This is why they created this law to protect consumers...and from a well known case (In re vs Hicks). Ask an attrny. It worked for me and saved me time, headache, and $. You will need all that energy when it comes time to clean up your credit report. Here is a paragraph taken out of the link I provided below.

"It is important to note that even if you inadvertently omitted a creditor from your list of debts, that debt is still discharged. Under Beezley v. California Land Title (994 F.2d 1433), which is a 9th Circuit U.S. Court of Appeals case, a bankruptcy discharge, under Chapter 7, discharges all debts that arose before the filing of the bankruptcy, whether or not the debt was listed in the schedule of debts. While this case was from the 9th circuit, which covers California, Alaska, Arizona, Washington, Nevada, Montana and Oregon, most circuits have similar cases. If this is your situation, you do not need to reopen your case to include that new debt. However, the creditor must be notified, so send your packet to the credit bureaus and any creditors who were (mistakenly) not included on your Chapter 7 petition."

http://www.bankrate.com/brm/news/bankruptcy/20060103a1.asp

[saucey]

I got legal advice from an attrny on CA that educated me on the circuit law. That is how I found out about it. He informed me that it's really a waste of time and $ to get a debt ammended because of the circuit law. In CA it's the 9th circuit law. This is why they created this law to protect consumers...and from a well known case (In re vs Hicks). Ask an attrny. It worked for me and saved me time, headache, and $. You will need all that energy when it comes time to clean up your credit report. Here is a paragraph taken out of the link I provided below.

"It is important to note that even if you inadvertently omitted a creditor from your list of debts, that debt is still discharged. Under Beezley v. California Land Title (994 F.2d 1433), which is a 9th Circuit U.S. Court of Appeals case, a bankruptcy discharge, under Chapter 7, discharges all debts that arose before the filing of the bankruptcy, whether or not the debt was listed in the schedule of debts. While this case was from the 9th circuit, which covers California, Alaska, Arizona, Washington, Nevada, Montana and Oregon, most circuits have similar cases. If this is your situation, you do not need to reopen your case to include that new debt. However, the creditor must be notified, so send your packet to the credit bureaus and any creditors who were (mistakenly) not included on your Chapter 7 petition."

http://www.bankrate.com/brm/news/ban...20060103a1.asp

what about people that didnt have the 341 yet and realized that they left off a creditor?