Failing to add a certain creditor to a bankruptcy petition is a fairly common occurrence. The key is understanding what steps you need to take following the omission. This really depends on each situation and how far along you are in the process. For folks that have filed for bankruptcy under Chap 13, you\’ll want to let your bankruptcy lawyer know so they can cure the defect with an amended filing. People that have made this mistake under a Chap 7 filing who have not yet gone through a 341 hearing can also have their bankruptcy attorney fix the filing to add the omitted creditor.
When the time comes to decide whether or not bankruptcy is the right choice for your situation, one of the first steps to take is to review your credit report. Your credit report will provide you with a list of all the creditors that are reporting to credit bureaus. This can be very handy when it comes to identifying missing creditors. Even if your bankruptcy case has been closed, you still may be able to remedy the situation. In the event that a creditor contacts you following the closing of your bankruptcy case, then you may just want to notify them that you have filed and provide them with the salient information about your case including dates and filing numbers. Typically, any debt that you incurred up to your filing date may be considered for discharge. There are some debts that are not may not be discharged under the bankruptcy code but may fall under a bankruptcy exemption.
One of the most commonly forgotten debts are those associated with medical treatment. If the medical treatment from which the debt arose were provided prior to your bankruptcy filing, that debt may still be dischargeagble. While you may still have to litigate these debts in front of a judge, typically, upon providing your bankruptcy filing documents, the creditor will likely not pursue the debt.
If you are deciding whether or not to file bankruptcy, are in the process of filing, or have a bankruptcy case that has already been closed, and the issue of an omitted creditor arises, you should contact your bankruptcy lawyer. If you can\’t get in touch with them, you can also contact another Michigan bankruptcy law firm about getting this problem fixed. The worst thing to do is to just assume that this debt has been discharged. It is in your best interest to discuss the situation with an experienced Michigan bankruptcy lawyer.
Each person\’s situation is different. What might be a good option for one family, might not be for another. That is why it is in your best interests to seek the advice of an experienced Michigan bankruptcy lawyer.
Bankruptcy can be an effective means of eliminating debt. Often times, it is far more effective than debt consolidation or debt settlement/forgiveness. Debt consolidation relies on hopes that creditors will join in. If you are searching for a bankruptcy attorney in Michigan, get a free consultation with Michigan personal bankruptcy lawyers near you.
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