What If I Fail To List A Creditor On A Bankruptcy?

In a Chapter 7 bankruptcy and a Chapter 13 bankruptcy, the court will send a Notice of Meeting of Creditors within a few days of your filing.  This is the official notification to your creditors of your bankruptcy filing and it provides them with the date of the creditors meeting.  It also creates the automatic stay which keeps your creditors from taking legal action against you.

If you discover that you failed to list a creditor you owed when your Chapter 7 bankruptcy was filed, you may be able to add the creditor to your bankruptcy prior to your discharge.  It is important for you to contact your bankruptcy attorney immediately to see if you can add the creditor to your bankruptcy.  If you have not received a discharge, you may be able to add the creditor and still have the debt discharged in the Chapter 7 bankruptcy.  Once the discharge has been entered, you may not add any additional creditors without reopening your bankruptcy.

If you filed a Chapter 13 bankruptcy and discover that you failed to list a creditor that you owed when your bankruptcy was filed, you should also contact your attorney.  Depending on whether your Chapter 13 bankruptcy has been confirmed by the Court will depend on what actions are needed.  If your case has not been confirmed, you may be able to simply add the creditor with the bankruptcy court.  If your case has been confirmed, it may be necessary for you, through your attorney,  to file a motion to modify your bankruptcy and add the creditor.