Can you add two creditors after the 341 Meeting before you discharge?

[dell1972]

I received a bill from a collection agency for $200 for a gas bill that I added to my Chapter 7 and I also received a $180 from Comcast. Will this delay my Chapter 7. Could someone help me? Thanks! I am ProSe!

[BobMango]

You can and should amend your filing to include Comcast if that debt was not listed previously. As to the collection agency, if you listed the debt, just notify them that you've filed and included the debt. The amendment can be done any time before discharge, the sooner the better. That will cost you the filing fee of $26, but should not delay anything or jeopardize your discharge.

Technically, all debts incurred prior to filing are included in the bankruptcy whether you list them or not, but courts do disagree about this.

[dell1972]

What form should I used to amend these two creditors?

[HHM]

Your court's website will likely have an Amendment Cover Sheet that you complete. As for adding creditors, you use the same form; if these two creditors are unsecured, you would simply use Schedule F. You will want to check with the clerk on how they want this done specifically. Some will simply allow you to submit a schedule F with just the 2 creditors listed, some want you a new schedule F that re-lists ALL creditors. Also, you will need to update the creditor matrix.

Thus, you need 4 things to amend to add creditors.
1. Amendment Cover Sheet
2. The appropriate schedule
3. updated creditor matrix
4. $26 filing fee.

[tigergem]

In my district there is a specific cover sheet for amending the matrix.

You only pay ONE $26.00 fee, no matter how many changes you submit at the same time.

Don't be afraid to call your bankruptcy clerk and ask for PROCEDURAL information. And read your local bankruptcy rules. I can't stress that enough! READ YOUR LOCAL BANKRUPTCY RULES. Especially on the weekend when nobody is in the clerk's office to answer your questions anyway. You may come up with new PROCEDURAL questions that you should write down so you can ask when you call them on Monday.

[dell1972]

Thank you guys, I will go in two weeks when I go to pay off my last payment of my filing fee.

[dakota112]

On somewhat the same topic, could I include the apartment I lease in the Bankruptcy after the 341? I have been holding out notifying them of the BK but it looks like I may not find work and will have to let the apt go.

[mtbc]

If it's not month to month you would have included it on Schedule G, right? If you make sure your landlord is on the creditor matrix, I wonder if it's automatically broken unless explicitly assumed, or if it is worth actually filing a motion to reject the unexpired residential lease or something. Your attorney may charge a bit more for this sort of thing, or if you're pro se and asking the law clerk, you'll have to be careful to phrase the question so that it's just about the procedure to reject leases.

[dakota112]

It wasn't put on Sch G or anywhere else at the time of filing because we thought I might have employment sufficient to cover the rent so I didnt want to get the landlord of the apt involved and possibly need a new lease written up but it now looks like I won't have work and may need to move out of here in 2 months, breaking the lease so can I add this lease to the creditor list after the 341 next week and before discharge date?

[tigergem]

You are allowed to amend any schedule or form while your bankruptcy is active.

[justbroke]

For what it's worth, an unexpired lease is automatically rejected (cancelled) if you don't assume it ("reaffirm it") within so many days of filing. However, it is necessary that you scheduled the lease and the landlord/owner was on the Mailing Matrix (as this would be the only fair way). Unless, you file a Motion to Assume/Reject Unexpired Residential Lease, and follow appropriate Local Rules on service, negative noticing, and hearing requirements.

[tigergem]

Listen to jb. He knows way better than I do. This is what I based my statement on:

Rule 1009. Amendments of Voluntary Petitions, Lists, Schedules and Statements
(a) General right to amend.

A voluntary petition, list, schedule, or statement may be amended by the debtor as a matter of course at any time before the case is closed. The debtor shall give notice of the amendment to the trustee and to any entity affected thereby. On motion of a party in interest, after notice and a hearing, the court may order any voluntary petition, list, schedule, or statement to be amended and the clerk shall give notice of the amendment to entities designated by the court.

Apparently there is more to it than that.