Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney here to assist you.
Are you in a Chapter 7 bankruptcy?
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).