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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26106
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I filed for BK in Riverside, CA 07/15/11, had my creditor hearing

Customer Question

I filed for BK in Riverside, CA 07/15/11, had my creditor hearing last week and did not supply a SS card or my 2010 tax return so a new discharge hearing date is set for 09/21/11.
My question is that I had to move out of my apartment 1st week of August could not pay anymore tried with the complex to help and not pay the next 6 months (was a one year lease) now I have a bill for $8510.47 if not paid within 15 days goes to collections. Can I turn this rental bill into the BK filing or is it to late in the process?
Thanks
Russ
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 2 years ago.

Hi - my name is XXXXX XXXXX X'm a Bankruptcy litigation attorney here to assist you.

 

Are you in a Chapter 7 bankruptcy?

Customer: replied 2 years ago.
Sorry Yes Chapter 7
Expert:  Roger replied 2 years ago.

Yes, in a Chapter 7, you can add a new creditor at any time. You will have to file a motion to amend your petition to include this creditor, and you'll have to give good cause why you need to add the creditor/why you didn't list the creditor initially.

 

It is generally easier to add a creditor before a 341 meeting, but if you've already passed that, there's nothing you can do about it. Instead, all you can do is file the motion to amend and tell the judge why you didn't include the debt in the first place. The most common answer is that you were going to try to maintain this debt and keep it because it was your living quarters, but you've now realized that you can't keep it.

 

Again, you should be able to get this done, but it may take a hearing in front of the judge to get it done if the trustee objects.

Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26106
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.
I went on the court website and cannot find the form for motion to amend. Would you know what form number that it would be?
Expert:  Roger replied 2 years ago.
It may be that your court doesn't have these forms online, or it may be that they don't provide forms at all.

I would recommend that you call the court tomorrow and ask if forms are available.

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