Legal Question in Bankruptcy in Indiana
Personal bankruptcy amendment, post discharge
A creditor was inadvertently left off of the petition for
personal bankruptcy which has already been
discharged. Can it still be amended? What are my
options?
1 Answer from Attorneys
Re: Personal bankruptcy amendment, post discharge
Once your case has been closed, it is the policy of most bankruptcy courts to NOT allow a debtor to re-open to add an omitted creditor. However, allis not hopeless-the 7th circuit has held that even though the debt is not scheduled, it is discharged nonetheless. Unfortunately, is difficult to get most creditors to accept the premise that an unscheduled debt is in fact discharged. I generally recommend that clients tell the creditor that bankruptcy was filed, the debt was owed at the time of filing and according to the law ,it has been discharged.
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