How to Add a Creditor to a Bankruptcy in Florida

A forgotten credit card debt may be added to a Florida bankruptcy.

The creditor listing in your bankruptcy petition determines what debts are included in your discharge and are no longer legally enforceable. You may be faced with collection actions and garnishment after your discharge if you forget a creditor in your Florida bankruptcy petition. You must add additional creditors to your bankruptcy as soon as you become aware of the debt, and Florida laws require you and your attorney to swear to the validity of the added creditor and debt under penalty of perjury.

Instructions

1. Get the correct papers for the addition. You must amend the creditor schedule, list and mailing matrix. Visit the office of the Florida district court where you filed your bankruptcy and ask the clerk for the creditor amendment forms. Inform your attorney if you have legal representation and give her the creditor's information; she should handle the addition for you.

2. Prepare the papers you received if you do not have an attorney. Florida local bankruptcy rules require you to execute the amendments in the same manner you did when you originally added your creditors. Enter your case information, number and title on the top of the documents. Enter the creditor's information in the same manner you did for the other creditors on your case only. Do not add additional information.

3. Have the notice served on any other parties affected by the addition of the creditor, like other creditors. Include a copy of the original 341 document, the notice of the creditor's meeting, as required under Florida law. Serve the notice on the creditor you added, existing creditors and your trustee by certified mail, return receipt requested, or by a process-serving company. Consult your attorney to make sure no party is missed if possible. File the proofs of service with the clerk of the bankruptcy court.

Tips & Warnings

• You must file a motion to reopen your bankruptcy case if your case was already discharged.

• Filing fees apply for the amended documents, but the price varies by district and debt.

References

• United States Bankruptcy Court, Middle Florida District: Amendments to Lists and Schedules
• Lw Office of Paul L. Ulrich, PA: Florida Bankruptcy FAQs
• The Bankruptcy Lawyers Blog: The Forgotten Creditor