Can you add in a medical or dental bill?

[inhocknow]

Hello folks, thanks for all of your great and fantastic help. I filed Bankruptcy 7 about 1 month ago with the help of my lawyer. I just had a dental procedure done yesterday and got a bill for $1100. Can I add this into my bankruptcy or its too late since I already filed for bankruptcy? Thanks for all of your help.

[BassBoy]

You can not add any debt that you incurred after your filing date.

[JasonK94Z]

So what if the debt was incurred before the filing date? Say you finally got the bill after the 341 meeting. What then? I have a couple of bills around $170 that i'd like to shake off if possible.

[chpxiii]

If the debt was incurred BEFORE your filing date, you can add the debt.

[BassBoy]

Any debt incurred before your filing date can be added to your creditor list. Now, if you are a no asset case, ALL debts are discharged, whether the creditor or debt is listed or not.....so.....you necessarily don't have to amend your petition, but it's always wise to do so. I'm not quite sure what steps are required if your 341 has been concluded, but again, with no asset cases, nothing needs to be done and the debt is gone.

[JasonK94Z]

I have a no asset case. Do i just send them a copy of my bankruptcy notice?

[BassBoy]

If you're choosing to not amend your petition, then I would send them a copy of your petition. They should be aware that they may not be able to contact you even though they are not listed. If you hired an attorney to represent you, get in contact with them beforehand and bring this to their attention.

[HeatherB]

I had a no asset chapter 7 filed this year. I even paid the attorney $26 to amend it (with a few more bills). I shouldn't have, though because they were never even added. When I seen my credit report showing that I still owed on these bills, I called and they said they have no knowledge of it. I gave them the case number (Verizon) and they updated their records. Another place (Utility) I had to send in a copy of my discharge. Both have now complied as IIB.

I still have a few more (collection agencies) that I need to send my paperwork to. Not sure how much of a problem these will be. But so far, so good.

[jp2861]

Any debt incurred before your filing date can be added to your creditor list. Now, if you are a no asset case, ALL debts are discharged, whether the creditor or debt is listed or not.....so.....you necessarily don't have to amend your petition, but it's always wise to do so. I'm not quite sure what steps are required if your 341 has been concluded, but again, with no asset cases, nothing needs to be done and the debt is gone.

What you're saying is partly true, but can be misleading. If a creditor isn't listed, never notified of the 341, and never given a chance to object, then you cannot assume the debt is discharged. If that was the case it would be too easy and convenient to "forget" about a debt and file without listing them. The creditor can still sue the filer. Being a no-asset case has nothing to do with it. If the filer has garnishable income he has assets in the form of income.

[HHM]

You are both half right and half wrong...

The operative section of the BK code is 523(3)(A).

The operative language is:

...neither listed nor scheduled...with the name...of the creditor to whom such debt is owed in time to permit...
timely filing of a proof of claim, unless such creditor had notice or actual knowledge of the case in time for such timely filing...

The interesting thing to note is the reference to "filing of a proof of claim". A creditor ONLY files a proof of claim in an ASSET case. So Bassboy is correct...if the debtors case is a No Asset case, then a debtor really doesn't have to go to the trouble of amending their petition to add forgotten creditors and those debts will be discharged (so long as they are inherently dischargeable debts)

There are some caveats, of course, if the debt falls within the 90/70 rule, and you do not notifying them, they can still come back at you regardless of the asset determination because they get the right to seek determination of dischargeability.
Thus, in general, the exceptions to the above rule is for debts specified in Section 523(2), (4), (6). Section (2) is your basic "fraud" provision. Section (4) debts related to embezzlement and larceny, (6) is debts related to malicious injury caused by debtor. If any of your debts would fall into those 3 categories, then you need to amend your petition to list them.

Also, you really don't know if you case is an asset case or not until after the 341 meeting and the trustee makes an initial determination. And you can amend your petition at any time...so there is no rush.

[jp2861]

"unless such creditor had notice or actual knowledge of the case in time for such timely filing..." are the real operative words. If I conveniently forget to include a creditor, those operative words don't apply because the creditor didn't have knowledge or notice of the filing, thus they couldn't object. The creditor gets the right to seek determination regardless of the 70/90 rule. The 70/90 rule doesn't say that any debt beyond that time can't be objected to. Where did you get that from? If I conveniently forget to include a $10k credit card when I file, I can't imagine that the creditor will simply say "OK" and leave it at that. I would have to see something in the BK laws that specifically say it's ok to forget listing a debt, deny the creditor his 60 days and right to object, and discharge regardless. In my opinion, that just reeks with abuse.

[HHM]

"unless such creditor had notice or actual knowledge of the case in time for such timely filing..." are the real operative words. If I conveniently forget to include a creditor, those operative words don't apply because the creditor didn't have knowledge or notice of the filing, thus they couldn't object. The creditor gets the right to seek determination regardless of the 70/90 rule. The 70/90 rule doesn't say that any debt beyond that time can't be objected to. Where did you get that from? If I conveniently forget to include a $10k credit card when I file, I can't imagine that the creditor will simply say "OK" and leave it at that. I would have to see something in the BK laws that specifically say it's ok to forget listing a debt, deny the creditor his 60 days and right to object, and discharge regardless. In my opinion, that just reeks with abuse.

Before spouting off and distributing mis-information...maybe you should read, and understand the whole post.

Thus, in general, the exceptions to the above rule is for debts specified in Section 523(2), (4), (6). Section (2) is your basic "fraud" provision. Section (4) debts related to embezzlement and larceny, (6) is debts related to malicious injury caused by debtor. If any of your debts would fall into those 3 categories, then you need to amend your petition to list them.

In your scenario...here is what would "really" happen. Let's assume the debtor left off a $10K debt and the creditor tried to collect the debt after discharge...guess what...the burden is on the DEBTOR to prove that the debt would have been discharged. Which means they would have to re-open their BK case.

Keep in mind...Section 521 puts a duty on the debtor to list all creditors...but section 523(a)(3)(A) recognizes the complexity of collections and the transfer of debt from one creditor to another, incidental debts etc, and that honest mistakes are possible. Remember, 523(a)(3)(A) only protects the debtor that has clean hands. In all cases, the debtor...if push came to shove, would have to demonstrate that they acted in good faith.

No one here is advocating that someone intentionally leave off a creditor, all were saying is that if you have some old medical bill, or cell phone bill that you forgot about, you don't really need to go to the trouble of amending your petition to add them if your case ends up being a no asset case. Of course, the best advice is better safe than sorry; but, from a practical standpoint, if the debt owed is less than $750, is more than 6 months old, and your case is a No Asset case...you don't really need to go to the trouble to amend your petition because that debt will be discharged.