Re: Discharging Creditors Not Notified of a No-Assets Bankruptcy
If the issue is a forgotten creditor and your Chapter 7 was a "no asset" case, it might not be necessary to amend. While some courts disagree, in most circuits, it is not necessary to reopen and amend a petition to add a creditor in a no-asset Chapter 7 case. The majority of courts take the position that, unless creditors were required to file a proof of claim (as in an "asset" case), an unlisted creditor has not been prejudiced by not receiving a notice, or not receiving it in time to file a proof of claim. In these situations, the courts believe it to be futile to require debtors to amend, and the debt is to be considered discharged.
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