From: Montana

Dear TaxMama,

If I have gone through Chapter 7 bankruptcy and later found that I neglected to list one of my creditors, is it possible to get this debt discharged?

Or am I obligated to pay it?

Larry

 

 

Dear Larry,

The whole purpose of listing creditors in a bankruptcy is to give them time to file a claim against your assets.

If you had no assets whatsoever, or those creditors with liens would have eaten up all the assets you did have, perhaps you can get the bankruptcy court to include that creditor.

But you’ll need to pay your attorney to arrange that. Is that cheaper than paying the creditor?

However, if there were assets distributed to unsecured creditors, this creditor would have been entitled to a share of those assets. I doubt the court would let you add this creditor after the fact.

But, that’s all based on logic, not knowledge of bankruptcy law. Remember, TaxMama knows tax law. Bankruptcies are a whole other area.

So, go call your bankruptcy attorneys and ask them!

Best wishes,
Eva Rosenberg, MBA, EA