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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17126
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I live in Massachusetts and have already filed a chapter 7

Customer Question

I live in Massachusetts and have already filed a chapter 7 case, and had my 341 meeting, but I have since been contacted by 3 creditors that were not listed on my original case. I want to add them to my case but am not sure how to do so. I filed my case pro se, and have talked to the Bankruptcy clerk in Boston but am confused as to how to file the appropriate documents to add these creditors to my case.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 5 years ago.

WebLaw :

*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.*

WebLaw :



So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification by using the reply button.

WebLaw :

To file an amended petition you will need to refile the schedules that are affected adding the new creditors information. The matrix will need to be re-filed as well. Once you have the amended petition prepared, contact the clerk of the courts office to file and pay the fee

Customer :

The clerk said I need to file a declaration concerning schedules with the amount of pages included to reflect the amendment, what is that?

Customer :

and I also need to file certificates of service

WebLaw :

The certificate of service and declaration are local forms. You can ask the clerk for a copy of the forms

Customer :

and also a verified statement or an unsworn declaration as required by Fed. R. Bankr. P. 1008 and in accordance with 28 USC 1746

Customer :

and a motion to amend schedules, is this a specific form I can download or is it just written up by me?

Customer :

and do I have to send out the certificates of service to each creditor or just include it with everything I send to the bankruptcy court?

Customer :

I think I would like to work with a new expert, as I feel it might be helpful to have someone more local

WebLaw :

no problem

Expert:  WALLSTREETESQ replied 5 years ago.
if you have not received your discharge letter, you need to file an amended schedule, adding the list of creditors, also an amended declaration, these forms are available online for free.

http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/BK_Forms_1207/B_006_Declaration_1207f.pdf


http://www.uscourts.gov/FormsAndFees/Forms/BankruptcyForms.aspx

You will also have to add them to your creditors matrix as well, which will have to be through the forms provided.

If the Court clerk requests a motion to reopen the case to add the creditors, that is a complicated motion, but not too hard, the Bankruptcy court may have a library where they have the sample motion form fo you to copy.