Can I file an amendment to include a creditor in a Chapter 7 bankruptcy, if it is an individual and they won’t accept a settlement payment plan?

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Can I file an amendment to include a creditor in a Chapter 7 bankruptcy, if it is an individual and they won’t accept a settlement payment plan?

I recently filed bankruptcy and I forgot to list some creditors. I filed an amendment, to have them added. I have a creditor, an individual, who filed a civil suit against me and filed a petition with the bankruptcy court of an opposition. I’ve tried to set a payment plan with the person and she has not responded. I have a court date at the end of the month. Since I have tried to work out a payment plan and she will not respond, when I get to the bankruptcy date, do I have a legal right to file this as an amendment to have this debt included?

Asked on August 10, 2011 Georgia

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 9 years ago | Contributor

You always have the ability to amend your schedules to add a creditor that existed prior to your filing of the case.   The civil suit that was filed against you MUST be stopped regardless of whether or not that creditor was listed in your bankruptcy case.  If they are refusing to stop the lawsuit, they are in violation of the automatic stay and you can seek damages against them. 

As far as them filing a "petition...of an opposition" with the bankruptcy court, I have no idea what that is. There is no such thing in a Chapter 7 case.  Do you mean they filed a Motion to Dismiss your case?


You need to consult with a bankruptcy attorney if you don't already have one, in your jurisdiction to assist you with this (and if you DO already have a bankruptcy attorney and they're not able to answer the questions you've asked here, you need to hire a new one as soon as possible!)

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

Follow Me on Twitter:  @bklawr

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 9 years ago | Contributor

You always have the ability to amend your schedules to add a creditor that existed prior to your filing of the case.   The civil suit that was filed against you MUST be stopped regardless of whether or not that creditor was listed in your bankruptcy case.  If they are refusing to stop the lawsuit, they are in violation of the automatic stay and you can seek damages against them. 

As far as them filing a "petition...of an opposition" with the bankruptcy court, I have no idea what that is. There is no such thing in a Chapter 7 case.  Do you mean they filed a Motion to Dismiss your case?


You need to consult with a bankruptcy attorney if you don't already have one, in your jurisdiction to assist you with this (and if you DO already have a bankruptcy attorney and they're not able to answer the questions you've asked here, you need to hire a new one as soon as possible!)

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

Follow Me on Twitter:  @bklawr


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