bankruptcy creditor matrix
Filed bankruptcy and agency misfiled my documents, what can I do?
I filed Ch.7 and was discharged in february. I am trying to clean up and reestablish my credit now, but I have found out that my bankruptcy was actually incomplete. I went through an agency who specializes in bankruptcy, I filled out all of the proper paperwork including a full list of my creditors. After the BK was dc’d I noticed nothing was updating on my credit report, after checking PACER it is showing only 2 creditors on my creditor matrix! I had nearly 20?!? I have copies of my original paperwork with my list, and then the “official copy” mailed to me after. The “official copy shows only 2 as well, but my originals have the correct list? whats up with that? If these is true I filed bankruptcy for 700$??? shouldnt someone have seen a red flag?!? Is there anything I can do to reverse this or take legal action against the agency since it is their mistake?
Bankruptcy Code Section 350(b) permits the court to reopen a previously closed case “to administer assets, according relief to the debtor, or for other cause”. A Chapter 7 case can be reopened to allow a debtor to add creditors that were left off. The relief is discretionary.
As you have discovered, some things are just better handled by an experienced attorney. You should consult a local bankruptcy attorney to see if reopening the case is feasible or necessary.
If your case was a “no asset” case, then you might not have anything to worry about. Failing to list a creditor can result in the denial of a discharge of that debt, but federal circuits grant a discharge nonetheless if there are no assets to be distributed to the creditors.
Although bankruptcy is a federal law, some of the case law can vary by region and you need to consult a local bankruptcy attorney for further assistance.
