Wharton, TX Bankruptcy Law Firms & Lawyers

Question: What is the name of the form to amend? Question Detail: I filed for chapter 7 and after filing I received phone calls from creditors that were not on my credit. My case has not yet been discharged. I would like to know the name of the form I need to fill out so that I can do so. *- there are many different forms that you can amend; which form you need to amend depends on the status of the creditor (secured, unsecured priority creditor, unsecured non-priority creditor). filing PRO SE (representing yourself) is NOT a good idea; you are most likely missing out on some of the benefits of a Chapter 7 filing.

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.

If your bankruptcy case is still open you should amend to include omitted creditors. If you have already received a discharge you can send the omitted creditors a letter with a copy of the notice of filing and the discharge. Since you had a no asset case it is unlikely that these creditors will pursue you. If they do, you may be liable.