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BKlaw Attorney
BKlaw Attorney, Attorney
Category: Bankruptcy Law
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Experience:  24 Years
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I filled for bankruptcy in Indiana in 2004, I forgot to list

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I filled for bankruptcy in Indiana in 2004, I forgot to list a creditor which was an attorney bill from 2001. Now the attorneys attorney is sueing me in small claims court. I tried to attempt an agreement to make payments but they wouldnt accept. How do I keep from getting a garnishment as I am tring to pay this in good faith but dont have the 1200 bucks right now?
I would provide the attorney and the judge in small claims with a copy of your discharge notice if it gets to that point. Normally the judge will inform the party suing you he cannot hear the case because the debt was discharged.

Before going to court all you need to do is inform the attorney that you filed for bankruptcy provide him with an amended schedule F with his information added and inform him by letter that his bill was discharged in your bankruptcy. One you have done this he cannot proceed. He will have a period of time to file an adversary action but cannot pursue the small claims as it would be violating the discharge order.

Good luck
Customer: replied 8 years ago.
Sounds great how do I file an ammended schedule F
You do not need to file the amended schedule

You can obtain a blank schedule F from the Bankruptcy court's web site under petition forms and an amendment cover sheet from the local forms
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