top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Will this work? Creditor addition.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Will this work? Creditor addition.

    Hello,

    I filed Chapter 7 back in August. My 341 is already over and I am just awaiting discharge. I have a NO ASSET case. I forgot to add one creditor on my matrix w/ my lawyer. It is a relatively small debt, $800 or so. He wants to charge me $80 to add them on. I heard on these forums though that as a no-asset all your debts should erase. According to all 3 bureaus this is the only debt still listed as that I owe. The rest have already reported as in bankruptcy.

    I printed out (off of Pacer) the bankruptcy sheet showing my lawyer, case number, the trustee, and all their addresses and phone numbers. Then I hand wrote my acct # and amount I owed them. I then sent this w/ signature confirmation to the creditor.

    Do you think this will be enough to get that debt dropped? I am assuming since it's such a small amount they won't really care to fight it.

    #2
    Are you saying that since they were not added and you sent them(the creditor) proof of your bankruptcy, will they consider it included in your BK? I'm really not sure, I guess it would depend on the creditor. To be on the safe side, I would personally pay the $80 to have them added so there wouldn't be any problems down the road.
    Filed: 5/22/07; 341 Hearing: 6/27/07;
    Confirmed: 8/13/07; DISCHARGED 4/17/2012

    Comment


      #3
      No and you will be lying if they decide to verify. Lying is prejudy. Be careful. It is worth?

      Comment


        #4
        no asset case chapter 7 all debt is discharged I think you will find a thread talking about that on the forum. Just send the creditor the case number.
        Chapter 7 07/30/2008
        341 09/17/2008
        Discharge 11/21/2008

        Comment


          #5
          You still need to add them to the matrix to cover your ass. If they are not listed anywhere on the petition/schedules/matrix after the discharge, they can still come after you for the debt. They must be listed. Pay the $80, I would rather pay $80 than $800.

          Comment


            #6
            I was told by this forumn and my attorney that when you are a no asset case everything before you filed is considered included in your bankruptcy. Some of my creditors were left off and the attorney says it doesn't matter everything before you filed is included.....

            Comment


              #7
              In "most courts". It depends upon the district and their interpretation of the BK code. If you are aware of it at this stage of the game, add it, you don't want it to come back and haunt you later.
              Read Section 523(a)(3)(A) of the US BK Code for details.
              With the economy in the current situation, I forsee many creditors challenging the claim of a debt being included if they are not listed on the BK.

              Comment


                #8
                Besides, why would you take the chance of a zombie debt rearing its ugly head after BK many years and not being able to prove that that debt was discharged? To save $80? No way. Just pay the fee to add it to the matrix. When they come after you later you will have proof that they were discharged. If they get nasty, you can get nasty too and get them for violations. Turn it into a long term profit center (think annuity)!
                Filed CH 7 9/30/2008
                Discharged Jan 5, 2009! Closed Jan 18, 2009

                I am not an attorney. None of my advice is legal advice in any way..

                Comment

                bottom Ad Widget

                Collapse
                Working...
                X