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  1. #1
    Join Date
    Aug 2010

    Default Forgotten Creditors in Bankruptcy

    My question involves bankruptcy in the state of: CA

    Hi Everyone,

    I need some insight fast! I've filed for joint Chapter 7 in CA, no assets, already had my 341 hearing, and now awaiting to be discharged.

    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. Either way, it must have just slipped through the cracks in the midst of paying bills.

    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.

    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. 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, waiting to be discharged), 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. If I just pay the bill, does this imply that my attorney does not want to do a formal amendment? Also, if I take his initial advice of not paying the bill, does the bill get discharged even though it's not officially on the bankruptcy?

    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. #2
    Join Date
    Jan 2008

    Default Re: Forgotten Creditors in Bankruptcy

    Not possitive but i think it falls under the BK7 and should be included even if you forgot, all they have to do is lookat your credit report, or when you recieve your discharge send them a copy! better yet have your lawyer send a copy of your BK 7.

    God Bless

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