Massachusetts Bankruptcy Lawyer » amendments

Adding creditors to petition after 341 meeting is held

Administrator — Wed, 06 Apr 2011 11:27:13 +0000

If a debtor in a bankruptcy case is waiting to hear from the trustee as to potentially nonexempt property in their estate, motions to amend would be allowed without the need for objections. This would allow a debtor whose meeting is already completed to still add additional creditors if necessary and then wait for the trustee’s action on nonexempt property or hopefully a report of no distribution. The addition of creditors only extends the general deadline for objections to the debtor’s case, resulting in a longer wait for the debtor to receive their order of discharge.

Listing Creditors on a Bankruptcy petition

Administrator — Wed, 02 Mar 2011 11:36:36 +0000

If the entity, person or business, who is the creditor owed money in a bankruptcy case is not listed on the initial petition, the list of creditors should be amended as soon as possible in order to include their information as a creditor receiving notice. If this is not done, the underlying debt might be discharged but not as to that particular creditor. Such a motion to amend may be made before the case is closed by the court, even after an order of discharge has been received. If a case has been closed, it would have to reopened in order to amend the initial petition.

Can I add a credit card balance to my petition after filing?

Administrator — Wed, 28 Jul 2010 15:11:50 +0000

Yes you can. But keep in mind that this has to be done as soon as possible and before receiving a discharge. When a bankruptcy petition is amended to add new creditors, regardless of what type (credit cards, car loans, personal loans) they are, the debtor’s motion to amend to add creditors should be allowed by a court order. In addition, the court should file a notice to add creditors giving the new creditors a reasonable time (usually approximately two months) after amendment to object to the debtor’s discharge. If this notice to add creditors is not filed by the court after the motion to amend is allowed, the subsequent filing of this notice by the court can extend the deadline for objections after an order of discharge.

Amendments to Bankruptcy petition

Administrator — Wed, 17 Jun 2009 13:35:12 +0000

Adding a debt to your bankruptcy petition should be allowed prior to the closing of the case, but such post-filing motions will result in additional costs. In the District of Massachusetts, each additional debt added to the petition post-filing has a $26.00 fee. This is why it is always better to get all three agency credit reports if possible, so as to ensure that the list of debts is as comprehensive as possible. Still, additional debts only known of (not incurred) after filing may be added through a motion to amend with service upon those and other creditors and the trustee. Do consult first with the attorney filing your petition in your jurisdiction, as the additional work would usually not be covered by a standard fee agreement and may result in additional attorney fees depending on the amount of additional debt declared.