Can I Add A Debt I Forgot To List In My Bankruptcy?

Turns out I have a no‑asset Chapter 7 case and the trustee’s not interested and that’s great, but I just realized that I forgot to list a debt.  Am I going to be okay?  Is that debt going to be discharged or do we have to do something?

The good news is, if you legitimately forgot to list that debt, and it’s a no‑asset case, you don’t have to go back and reopen your case after you’ve received your discharge.  That’s because the time to file a proof of claim never arose, and, therefore, that creditor is not prejudiced because he never had the opportunity to file a proof of claim because it was a no‑asset case.

Now, if that creditor believes that you committed fraud, either in connection with the bankruptcy case or in connection with how your debt was incurred with that creditor, that creditor can sue you for fraud, and, if they win, the debt won’t be discharged.  But if they lose, then that debt has been discharged.

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