Posted on: 24th Feb, 2012 02:37 am
Hi there… need help!! We filed personal bankruptcy in March of 2011 and discharged in September of 2011. However, one of our creditors is coming after us personally. Some of the debts was owed before the bankruptcy was completed and some after. Is there anyway that we can open the bankruptcy and add this creditor to our personal bankruptcy? How would we do it?
Hi Jessy,
As far as I know, in Chapter 7 case, one can normally reopen a bankruptcy to add a creditor if the debt was incurred before the bankruptcy case was filed and the debtor forgot to list the creditor on his or her petition. No new debts can be added to that discharged bankruptcy.
Thanks,
Jerry
As far as I know, in Chapter 7 case, one can normally reopen a bankruptcy to add a creditor if the debt was incurred before the bankruptcy case was filed and the debtor forgot to list the creditor on his or her petition. No new debts can be added to that discharged bankruptcy.
Thanks,
Jerry
Welcome Jessy,
I agree with Jerry. You won't be able to include your newly incurred debts in your already discharged bankruptcy filing. You can contact your bankruptcy attorney and check out whether or not you can file Chapter 13 for the newly incurred debt.
I agree with Jerry. You won't be able to include your newly incurred debts in your already discharged bankruptcy filing. You can contact your bankruptcy attorney and check out whether or not you can file Chapter 13 for the newly incurred debt.
To add a debt to an old bankruptcy case, the debt must have been incurred before the case was originally filed unless it was a Chapter 13 converted to Chapter 7, in which case the debt must have been incurred before the case was converted to Chapter 7.
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