Ask a Lawyer - Archive



   
Dealing With Omitted Debt
Cathleen Cooper Moran

Q. 

I have filed ch. 7 & have 341 meeting next week I have a line of credit that is up to date but never mentioned in my paperwork. I totally forgot it till now.



-- Anonymous

A. 

It's not unusual to find creditors that didn't make it to the schedules. Frequently, at the first meeting the trustee will ask if you listed all your creditors, or whether there are errors you want to correct. That's the time to speak up and identify the creditor.

Usually you will want to amend the schedules to include the creditor and to make sure the creditor gets notice of the filing. When done from my law office, I prepare a proof of service memorializing who I served and at what address. That proof of serving the notice will be important to proving later on that the creditor is bound by the discharge in your case.



-- Cathleen Cooper Moran






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