Legal Question in Bankruptcy in Virginia

Finalized

After my bankruptcy is finalized, can I add something that occurred prior to filing bankruptcy? Even if I didnt summit it when I first filed.


Asked on 12/21/01, 2:20 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Re: Finalized

If you mean schedule a previously unscheduled creditor, the answer is probably No. If it was a no-asset Chap. 7, the debt is discharged anyway (assuming it is a dischargeable type of debt - not child or spousal support or certain taxes, for example), even if they got no notice, unless it is a fraudulently obtained debt, a willful and malicious injury or a fiduciary defalcation, in which case lack of notice lets the creditor sue but only prevail if the prove the claim, lack of notice, and the grounds for nondischargeability. If it was a case in which assets were administered by the trustee, the debt is not discharged because your failure to schedule it cost the creditor its share of the assets. In a Chap. 13, again, you can't add a creditor after the fact because your failure to schedule caused a loss of the creditor's ability to share in the distribution. You should discuss the details of your particular situation with your bankruptcy lawyer to see if anything can or should be done.

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Answered on 12/21/01, 4:31 pm


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