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Guru_Guy, Attorney
Category: Bankruptcy Law
Satisfied Customers: 2418
Experience:  Years of experience providing advice on bankruptcy and other alternatives to debt problems.
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I filed for chapter 7 back in June of 2006. I excluded a ...

Customer Question

I filed for chapter 7 back in June of 2006. I excluded a debtor. Is it possible to make an amendment at this late date to include it? I live in the state of California.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Guru_Guy replied 8 years ago.

To answer your question, can you provide a little more information?

Has the bankruptcy process been completed and a final order granted?

If so, were there any assets to distribute to the creditors?

Customer: replied 8 years ago.
Reply to Guru_Guy's Post: Yes it has been completed and discharged. Therewere no assests to distribute.
Expert:  Guru_Guy replied 8 years ago.

Even though the case has been completed, you can move to amend the proceeding to include this creditor. If there has been assets to distribute, you could not do this since the creditor would have been prejudiced by not being included originally. However, since there was nothing to distribute originally, the court has the discretion to amend the case to include this creditor.

This is a discretionary matter for the judge. He may decide to grant or deny the motion based on the circumstances. However, I would definitely recommend making the motion.

I hope this helps!


Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.
Guru_Guy and other Bankruptcy Law Specialists are ready to help you
Customer: replied 8 years ago.
Reply to Guru_Guy's Post: Thank you so much. I will see about this right away. Thank again.
Expert:  Guru_Guy replied 8 years ago.
Glad to help. Thank you for accepting. If I answered your question, I hope you will accept and leave positive feedback. in the feedback section. If you have any further questions on this matter, don't hesitate to send a follow up.

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