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How long do you have to amend after discharge.


jane
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Hello,

My question is how long do you have to file an "amended schedule of creditors" after your bk 7 has been discharged? I forgot to add some creditors to my paperwork and didn't realize that until after the discharge. It was within 30 days of the discharge that I filed my amended schedule of creditors with the court. However, it has come to my attention recently that I have a judgement against me by one of these "amended" creditors filed 4 years after the discharge and without serving me. The court told me this was fine to file the amended papers but now I'm wondering if you are not allowed to amend your creditors after the discharge? Anyone know?

Thank you,

Jane

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if it is a no asset chapter 7 case thoses creditors that were not added are concidered discharged also but only if it didnt involve fraud or something like that. I would get that judgement vacated due to the bk stoped all collection activty and discharged you from paying it

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Wait.. are you saying they sued and won a judgment 4 years AFTER your discharge ?? Was the lawsuit for a discharged debt ???

4 years post-discharge is way too late to amend your BK, you have, AT MOST a 6 months to a year to re-open a case to add creditors and in most cases its not even necessary.

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if it is a no asset chapter 7 case thoses creditors that were not added are concidered discharged also but only if it didnt involve fraud or something like that. I would get that judgement vacated due to the bk stoped all collection activty and discharged you from paying it

Hello,

Yes, it was a no asset chap 7. There was no fraud involved. I'm going to start dealing with this soon. I just didn't know if I had a leg to stand on.

Thanks,

Jane

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Wait.. are you saying they sued and won a judgment 4 years AFTER your discharge ?? Was the lawsuit for a discharged debt ???

4 years post-discharge is way too late to amend your BK, you have, AT MOST a 6 months to a year to re-open a case to add creditors and in most cases its not even necessary.

Hi,

The judgement was issued 4 years and 6 months after my BK was discharged. The creditor did contact me 6 months before the judgement was filed. I told them it was included in BK and discharged. 6 months later they got a defaulted judgement. I ammended my schedule of creditors, adding this debt, within 30 days of my BK being discharged. And I vagely recall being told the same thing by the court clerk that it was unncessary but I felt better actually filing it and having the Court stamp it and all.

Thanks,

Jane

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Wow, they are in SERIOUS violation of the BK laws by filing that judgment on a discharged debt !!!

Hopefully you still have all the documentation that shows the debt that the judgment was later granted for WAS included in your discharge. You need to file a Motion to Vacate and get RID of that judgment. Your reason - it was included in bankruptcy, give them case #, filing date, discharge date, and include a copy of the creditor matrix showing that debt/creditor.

Then I'd SUE their butts !!

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Wow, they are in SERIOUS violation of the BK laws by filing that judgment on a discharged debt !!!

Hopefully you still have all the documentation that shows the debt that the judgment was later granted for WAS included in your discharge. You need to file a Motion to Vacate and get RID of that judgment. Your reason - it was included in bankruptcy, give them case #, filing date, discharge date, and include a copy of the creditor matrix showing that debt/creditor.

Then I'd SUE their butts !!

Hi,

The only way I even knew about this judgement is cause it's reporting on one of my CR. It shows the case # but when I go to find the actual case nothing comes up anywhere on that case #. Clearly, the CRA has the wrong case#. But I know it's really true cause I know this creditor who got the judgement really thinks I owe the money. Maybe at one time I did but if I did owe the money it was a oversight from the OC who gave the money to me. Gave too much and wants to punish me for it. I still have all my BK paperwork, including the ammended schedule of creditors which shows this debt.

Jane

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You need to file a Motion to Vacate with the court where the judgment was rendered. Get rid of that bogus judgment.

Once vacated, you can dispute the judgment listing on your credit reports and get rid of that too.

I'd still be after suing the morons.. but that's just me ;)

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