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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2815
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Can someone can add a creditor to the creditor matrix when

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Can someone add a creditor to the creditor matrix when the debt did not exist at the time the bankruptcy was filed and the bankruptcy has been discharged? The bankruptcy was filed on June 1, 2009 and discharged on September 15. The money I am owed did not come into play until August 29 and it says on page 2 of the copy sent by my previous tenant that the “debt must have existed on the date the bankruptcy case was filed.” So if I am interpreting this correctly, it would mean that she would still owe me the money. I called her last week and left a message stating this information and on Saturday she emailed and told me that she and her husband had filed a modification to their original matrix on Wednesday, November 25 and that she had added me to that list so I was now included. Can they do this even though I did not start doing business with them until well after June 1 and the discharge was on September 15?
Only debts that were incurred prior to the filing date can be included in the case. This does include potential contingent actions, such as car accident claims that could arrise later if the accident was before the case, or other contractual events that haven't been triggered yet. If you took out the loan/credit June 1 or later, then it cannot be included in the chapter 7. If you are in a 13, and convert to chapter 7, then you can file a schedule of after acquired debts. If there was no preexisting obligation before the filing, then you should be fine with collecting on this debt. If there was such a modification filed, you can bring a motion to modify the stay and file an adversary objection in the case to determine the debt to be non-dischargeable. It is recommended you speak with a local bankruptcy attorney to make sure you take the right steps to avoid any problems with collecting the debt.
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