If I Forget To List A Creditor, Can It Still Be Discharged?
The Bankruptcy Code requires you to list all of your debts, assets and sources of income. If you inadvertently leave a creditor off your petition, it can be added by amending the petition to include the debt, provided your case hasn’t been closed by court and the trustee hasn’t made any distributions to creditors. Amendments are ideally done before the close of your bankruptcy case. Because an amendment is an extra action that our office will have to take, there is a charge for this. If the fee to amend your petition is less than the debt, it probably makes sense to amend your petition to include it. If you don’t amend, you will be liable on the debt and your bankruptcy discharge will not protect you from the future collection actions by the creditor. If you realize you left a creditor off your petition after your case is closed, your case can be reopened to add the creditor unless your case was an asset case – meaning the Trustee liquidated assets and paid creditors some amount toward your debts. In these situations, you will be liable for the old debt. There is also a fee to reopen a bankruptcy case once it has been closed.