I filed for bankruptcy in Florida and I Failed to include a debt, now what?

When you file for bankruptcy in Florida you need to list all of your debts and assets.  Your debts are usually automatically generated from  a credit report that your attorney will run for you.  However sometimes debts don’t show up on your credit report and it is your responsibility to provide those debts to the bankruptcy attorney handling your case.

Every once in a while a debt is not listed on your bankruptcy and you don’t know it until sometime in the future when you receive a bill from that creditor.  What are you supposed to do now?  Don’t panic, likely you won’t have to do anything, and there is a good likelihood that the debt of the creditor you failed to include is discharged anyway.

Usually Chapter 7 bankruptcy cases are declared “no asset” cases which basically means that creditors in this case will not get anything back.  If your case was a no asset case and you failed to omit the creditor then the debt will be discharged anyways.

However if you intentionally or fraudulently failed to list a creditor then it becomes a whole new story.

If you are thinking of filing for bankruptcy and would like to schedule a free consultation with a bankruptcy attorney then please contact Shmucher Law, PL at 305.741.5553 or 954.309.5559.  We offer free consultation in any of our office locations including  Miami, Plantation Boca Raton, Fort Lauderdale, and Sunrise, Florida.

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