Amending Bankruptcy Filings
Anyone filing for bankruptcy is required to list all of their creditors, so they can be notified. Once they are notified, they are required to temporarily stop all collection actions. Because of this, it is essential to be thorough and make sure every creditor is listed.
However, it is possible to forget about some debts, and inadvertently omit them from the original bankruptcy filing. This usually leaves the creditor without notice of the existence of the bankruptcy.
Because of this, debtors are allowed to amend their bankruptcy filings in a timely manner. This can be done at any time during the case. Any amended bankruptcy filings usually take a few weeks for creditors to receive notice, however.
If the creditor is sending collection notices, the debtor (through an attorney) should contact the creditor directly and inform them of the bankruptcy. Any scrupulous creditor with knowledge of bankruptcy law will almost certainly stop any collection actions when this happens.
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Last Modified: 06-18-2012 03:07 PM PDT