Do I need to add a debt that was missed when I filed Chapter 7?

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Do I need to add a debt that was missed when I filed Chapter 7?

I recently filed for Chapter 7 and will be making the last payment to the court in a few days. I had my documents prepared for me, since I represented myself. I just received a call last night from a collection agency about $2,800 that I was charged for breaking a lease when I moved from TX back to FL. I had thought we had included it in the bankruptcy, but after I reviewed my copy, I could not find it. They asked for proof that it was included. Should I worry about making sure it is included and if so, how do I go about this?

Asked on November 3, 2010 under Bankruptcy Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Chapter 7 bankruptcies are either "no asset" or "assets available for distribution". A "no asset" bankruptcy is where there is nothing of value to be turned over to the trustee for distribution among your creditors. In such a case, many courts will allow an unclaimed debt or forgotten debt to be considered written off under the bankruptcy code. If this does not apply to your case or you are not sure, you can file an amendment to your schedule of creditors.  Ask your trustee about this or the person who prepared your documents.  Frankly, as a practical matter, even if your court allows this kind of write off it may be difficult to convince the creditor that the debt is no longer owed. An amended petition will solve this problem. 

Note:  If the bankruptcy did have assets available for distribution to creditors, then it will be necessary to file an amended petition to add on the debt after you file for bankruptcy.


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