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HELP! To Amend or Not?

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    HELP! To Amend or Not?

    Hi Everyone,

    I need some insight fast!

    Over the weekend, I received a letter from a collections agency for a medical bill. I had some medical complications last year and I could've sworn I paid off all of my medical bills before filing for Chapter 7. I have not received any letters or calls from them and out of the blue, collections. If I had known, I would for sure to have included them on my bankruptcy. I contacted my attorney, and he told me not to pay the bill and that he was going to issue an informal bankruptcy letter to them. He also said it was going to cost me $125 to do a formal amendment to add this creditor into the bankruptcy documentation, and that it wasn't worth it.

    My thing is I have read online from people who have forgotten or left out a creditor or bill here and there, and their bankruptcy had already be put through, finalized, and discharged...and it's caused them some problems because those bills showed up in addition to being bankrupt. It showed that they still owe money and in collections, despite of being bankrupt. Now, my bill is small amount, like 89 bucks. When I further I asked my attorney if this would show on my credit report as deliquent and in collections in addition to bankrupt, he simply told me: that could happen. Anyways, I further asked if I pay to do a formal amendment, will it prolong my bankruptcy process (already did my 341), if I'll have to re-appear in hearing, if the formal amendment ensures that this forgotten bill/creditor will not show up on my creditor report -- he told me he has NO ANSWERS to any of my questions and then told me to just pay the bill.

    OK, guys, HELP! Any one here have forgotten to include something and did a formal amendment? Outcome? Even if I pay the bill now in full which I don't have a problem doing, will my credit report reflect that particular bill has be deliquent and sent to collections? Any thoughts of the advice my attorney has given me? Is he right in the sense that the formal amendment is not worth it for a $89 bill? And if this bill does show up on credit report as deliquent, how bad of an impact is it since I'll already have "Bankrupt" on my credit report? HELP! Any advice and insight on this situation would be greatly appreciated!

    -- Lilacs

    #2
    Anyone?

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      #3
      Originally posted by lilacs80 View Post
      Anyone?
      If it was me I would pay the 89.00, don't know if it will delay your discharge but if they file an objection prior it may, I could be wrong.
      89.00 is also cheaper than the amendment and wont be considered prioritizing because it is under 500.00.
      I'm not a lawyer but had issues after the filing and any court dates could delay the discharge and dismissal of the case.
      Take care and good luck!

      Comment


        #4
        Originally posted by wsy View Post
        If it was me I would pay the 89.00, don't know if it will delay your discharge but if they file an objection prior it may, I could be wrong.
        89.00 is also cheaper than the amendment and wont be considered prioritizing because it is under 500.00.
        I'm not a lawyer but had issues after the filing and any court dates could delay the discharge and dismissal of the case.
        Take care and good luck!
        Thanks Wsy for your reply. I really appreciate it.

        I also did some reading and researching last night. I read that if it's a no asset case where none of the creditors got paid, then the forgotten or omitted creditor will also be discharged even if they were not included in the original papers. I just emailed my attorney to find out if this applies to my case and if my case is a no asset case. So I'm waiting for him to get back to me.

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          #5
          adding creditor

          Originally posted by lilacs80 View Post
          Thanks Wsy for your reply. I really appreciate it.

          I also did some reading and researching last night. I read that if it's a no asset case where none of the creditors got paid, then the forgotten or omitted creditor will also be discharged even if they were not included in the original papers. I just emailed my attorney to find out if this applies to my case and if my case is a no asset case. So I'm waiting for him to get back to me.
          Good reading and research lilacs80, courts have consistently held that unlisted pre-petition debts are discharged. The procedure for adding a creditor varies from very easy (file an update on the creditors matrix, no charge, my district, Colorado) to very hard (amending schedules, paying filing fees, serving notice on all creditors in the matrix)

          but......JustBroke posted the best solution: send the creditor a copy of the bankruptcy notice (w/ date of filing and case number) That should settle it right there.

          Hope this helps!

          Tom in Colo
          Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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