adding creditor after 341 meeting

[ronss]

What is the name of your state (only U.S. law)? az

i filed for bankruptcy in arizona, chap 7....i gave lawyer credit report, and also list of creditors that i had on my debt management program..i told the lawyer that the creditors on the debt management program were to be included , along with the credit report...i was not worried about anything, figuring the lawyer would put everyone on the bankruptcy case....we filed and i went to the 341 meeting 2 weeks ago...one thing the lawyer did not give me was a list of the creditors on the bankrupty case....3 days ago i got a call from bill me later, debt colector trying to collect on this account....i am now wondering if my lawyer failed to get bill me later on the case, it was on the debt management paper i gave him

if he forgot , can it be added now, since the 341 meeting is over?...my lawyer said the discharge would be in november.

 

[despritfreya]

1. Your attny should have given you a complete copy of everything that was filed. If he did not, tell him to do so.

2. Once you have a complete copy review it for mistakes and missed creditors.

3. If a creditor has not been listed you need to advise your attorney. Supply the full name, address, account number, amount owed and any collector information so that an amendment can be done. The Court charges $26 to file the amendment. Do this quickly as you want to notify omitted creditors before your discharge is entered. However, if you are a no-asset case, take comfort in knowing that, unless there was some sort of fraud, misrepresentation, willful & malicious injury or breach of fiduciary duty to that creditor, a failure to list is not a big deal. In a no-asset case, the debt will be discharged.

Des.

 

[larocque1]

You can also sign up for a Pacer account and view your docket and all your documents filed, or get the creditor list that your attorney filed.

If after you review your creditor list that was filed, and this creditor trying to collect was included on that list filed with the court, you should file a motion for contempt and sanctions for violation of the automatic stay.

It is illegal for creditors to continue to contact you and try to continue to collect on a debt while you are in automatic stay. It is not uncommon, and many creditors will ignore an automatic stay until a judge sanctions them.

Make sure you save any invoices and collection letters sent to you. Also, keep a note pad by the phone and write down any Names, dates, times, phone numbers, caller ID numbers, etc. and any answering messages. Don't forget to ask for a collectors name and employee number; write it all down. This can all be used as evidence in support of your motion for contempt and sanctions against a harassing creditor.

I am sure your attorney has told you to give the creditor his/her number and BK case number with instructions to stop calling. Usually, the harassing type of creditor won't call your attorney, because they know it will get them nowhere.

 

[Proserpina]

1. Your attny should have given you a complete copy of everything that was filed. If he did not, tell him to do so.

2. Once you have a complete copy review it for mistakes and missed creditors.

3. If a creditor has not been listed you need to advise your attorney. Supply the full name, address, account number, amount owed and any collector information so that an amendment can be done. The Court charges $26 to file the amendment. Do this quickly as you want to notify omitted creditors before your discharge is entered. However, if you are a no-asset case, take comfort in knowing that, unless there was some sort of fraud, misrepresentation, willful & malicious injury or breach of fiduciary duty to that creditor, a failure to list is not a big deal. In a no-asset case, the debt will be discharged.

Des.

(Sorry to hijack a little but I've read - and learned from - many of your posts on another forum and I'm very glad to see you posting here, too )

 

[ronss]

thanks all...my lawyer told me about what you have stated in the threads....the $26 dollar fee, etc....