If I forget about a creditor and fail to list them in my bankruptcy, will I have to pay that creditor after all?
A creditor inadvertently omitted from your list of creditors will not be able to claim it can continue to collect that debt against you so long as your case is determined to be a "no asset" case. A "no asset" case is one in which the panel Trustee assigned to your case has conducted the Section 341 hearing and has issued a report of no assets and no distribution. So long as that status continues through your discharge, creditors inadvertently omitted are still discharged even without having received notice of your bankruptcy. This office will provide such creditors with an "omitted creditor" notice any time after your case is filed and for up to 2 years after your discharge but there is a fee charged for each creditor omitted.
Unlike an omitted creditor in a no asset case, an omitted creditor in an asset case (a case where there are assets available to the Trustee for capture and distribution) may be able to later claim it is entitled to collect its debt against you. This office can add an omitted creditor to your case any time up until your discharge date, but not after. As with no asset omitted creditors there is a fee to make sure notice goes out and there is an additional filing fee of $26.00 that the court collects.
Under either scenario, it is always best to work diligently to make sure all of your creditors are listed right from the start.
