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What to Do If You Miss a Creditor?

 

A: While technically a creditor must appear in your original filing list, you can add an account later. Adding a creditor and notifying the creditor of the bankruptcy filing is time consuming. Most bankruptcy attorneys in St. Louis and around the country charge an additional fee for additing creditors after filing. The court cost for adding a creditor to your petition is currently $30, regardless of the number of creditors you add. This means you want to make sure that you add all missed creditors at the same time. Every time your add new creditors regardless of how many, the court will charge you the $30 fee.

The creditor can be added as long as the case is not closed. After the case is closed by the court, it is questionable whether the court would reopen the case to add creditors. If it is an asset case, meaning the trustee recovered some money from the debtor, the debt might not be discharged because the creditor was not listed on the petition and was not aware that the trustee distributed money to creditors.If the debt is not discharged, the court might not have a reason to reopen the case to add the creditor.

Most cases are no-asset cases, that means the debtor had no un-exempt assets which the trustee could have distributed to creditors. In the Eastern District of Missouri (this is the St. Louis area), the debt is discharged even if the creditor was not listed. The court would not have a reason to reopen the case because the debt was discharged.

However, this might be handled differently in other bankruptcy districts. Your bankruptcy attorney will know whether the court will reopen the case and if it is advisable to do so.Your bankruptcy attorney St. Louis MO Tobias Licker offers a free consultation for more information about any question that cannot be answered through the general answers on this website. 




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