Legal Question in Bankruptcy in Minnesota
Hom long after
I filed just over two years ago. now an old debtor from five years ago is contacting me. i do not believe that i included him in my filing, as he was not on my credit report. how long after my discharge can i file an amendment?
1 Answer from Attorneys
Re: Hom long after
Thank you for your e-mail. The old creditor cannot be added to the case because you have already received a discharge. However, if you have evidence that the creditor had knowledge you had filed even though they were not officially listed that can be used against the creditor. In addition, there are cases out there that state if you had a no-asset case in which nothing was distributed to creditors that the omitted creditor was not prejudiced because he was not listed. As a result courts have held that debts which were not listed were still discharged. Please contact me if you have any questions and good luck to you.
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