The Bankruptcy Court requires you to list all your liabilities and everyone you owe money to. Sometimes you forget to include a creditor because you no longer have the bill. Especially in the case of medical providers, who do not tend to report the debt on your credit report, it is possible for the debt to slip your mind.
Even after your bankruptcy has been filed, you are able to amend your bankruptcy papers to add a creditor. There is a $31.00 fee you have to pay to the Bankruptcy Court to add a creditor after your case is filed, but that is a small price to pay so you can truthfully testify at your meeting of creditors that to the best of your knowledge you have listed all your debts and everyone you owe money to.
It is possible that you totally forgot a creditor and the bankruptcy has already run its course and you received a discharge of your debts. After some more time passes, a creditor you forgot to list comes forward and tries to collect. If you forget to include a creditor in your bankruptcy, that creditor is a general unsecured creditor, and that creditor would not have had a basis to object to discharge had it had notice of the bankruptcy, then the discharge of debts you received from the Bankruptcy Court is good against that creditor as well.
The above information is a general overview and is not intended to be used as legal advice. If you are considering filing for bankruptcy, the best thing to do is call our office at 248-557-3645 and schedule a free consultation so you can receive advice which is tailored to your specific circumstances.
By: Michael Benkstein, Esq.
Managing Attorney, Bankruptcy Department
The Law Offices of Joumana Kayrouz, PLLC