It is typically easiest if all of your creditors are listed in your case correctly when the case is first filed. But, that cannot always happen. Sometimes you are unsure that a debt went to collections, maybe it was sold, maybe the creditor is finally trying to collect after years of not doing anything with the debt, or maybe you even forgot it existed. You can add creditors after your case is filed, but there are a few exceptions.
In a chapter 7, if it is a no asset case, you can add creditors whenever after filing. This is because in no asset cases there is a not a deadline your creditors have to follow for claims and nothing your creditors will receive from your bankruptcy estate.
If it is an asset chapter 7 or a chapter 13, you will have a limited window where you can add creditors after filing. You will need to add any additional creditors before the proof of claim deadline has passed. The reason behind this is, your creditors and any you are adding, need time to file their claim for a share of the distributions. After the proof of claims deadline has passed, you can still add a creditor, but the debt likely will not be discharged. If they do not file a claim or if they are late in filing, they will not be paid.
CALL NOW FOR A FREE STRATEGY SESSION FROM A MN BANKRUPTCY LAWYER AT LIFEBACK LAW FIRM
If you find that you are missing creditors from your original filing or have any questions about adding a creditor, please reach out to an attorney, they can provide you with the necessary information on what your next steps are. For more information, visit www.lifebacklaw.com to speak with an attorney today. You will be glad you did!
