Early, TX Bankruptcy Law Firms & Lawyers

You need to file an amended schedule, but which schedule depends on what kind of debt it is. Typically you will want to file an Amended Schedule F because that is the schedule for unsecured, non-priority creditors. However, you should check to see if the creditors that are calling you would fall into the category of an "unsecured non-priority" creditor (Schedule E) or a secured creditor (schedule D). There is a fee associated with filing a new schedule to add creditors, so be aware of the additional cost.

The following answer applies to California jurisdiction only. I don't know of any local bankruptcy attorney who would condone or suggest to a client that they reaffirm a mortgage debt. It is not in your best interest to do that so the fact that you did not reaffirm is not a bad thing. If at some point you can't afford to make the payments anymore because you have filed and received a discharge in bankruptcy AND because you have NOT reaffirmed the debt you can walk away from the property. The only remedy the creditor(s) have is to take the property, they cannot sue you for any deficiency or attempt to collect from you. The protection of the bankruptcy discharge makes any such collections illegal. A loan modification, should you get one, would not change this result. Refinancing however would because when you refinance you get a new loan and in your case it would be a loan acquired after the bankruptcy had already been filed. Hope this perspective helps. Take care.

Yes, but such a filing may be subject to challenge. The question is whether you can pay your bills as they come due.  These kind of questions depend a lot on local courts. I'd suggest you visit with a local bankruptcy attorney. They often will even give free consultations. Before you go, scratch our a budget of your bills, income, assets, and debts.  Good luck!