Short Answer: You are required to list all of your assets and all of your creditors when you file bankruptcy. If you omit a creditor, the debt survives. However, you can amend your list of creditors after you file your bankruptcy case for an additional fee.
We’ve all had that moment: You lay down in bed, ready to drift off to sleep. Then you remember something you forgot. You sit straight up in bed, trying to figure out what to do.
Filing for bankruptcy is a complicated process. Leaving off an asset or debt is not an option. If the court finds it before you do, your case could be denied or worse, you could be accused of attempting to defraud the court.
If you find you have forgotten to list a past debt on your bankruptcy filing, you may have to amend your petition to include the debt you forgot. A creditor may continue to go after you for the debt if you can’t prove it was included in your discharge.
If you incur new debt after your bankruptcy case is filed, that debt is not included in your bankruptcy. A bankruptcy filing will only include debt up to the day you file, so if you want the new debt included, you would have to dismiss your case and start over with a new case. However, new debt will be carefully scrutinized under the court. You will have to wait 180 days before filing again.
Over the past 32 years, the Law Offices of Christopher A. Benson has helped over 2,300 of Washington clients take control of their financial situation. We can stop your garnishment and change your monthly payments for all your combined unsecured debt, and if you have had more than $600 garnished within the last 90 days, we can get all of the money back in most cases. But you have to act quickly–call (253) 815-6940 for your free consultation, or email us today. Evening and weekend appointments available.
About the Author