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I Forgot to list a creditor

I filed bankruptcy July 2008. I forgot to list a creditor, an income tax preparation office that I owed money back to for a cash refund and we had made payment arrangements. They sent me a few letters and I never got around to replying and never notified my trustee. They have now sent me a small claims court notification. Can my trustee still add it even though I was discharged on April 5, 2009?

Posted from: Ontario

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One Response to “I Forgot to list a creditor”

A licensed trustee said...

You will need to attend in Court and bring with you copies of your bankruptcy documents. They are entitled to the same rate of repayment that your other creditors received – so, if everyone else received 10% of what you owed then you’ll be required to repay 10% of this debt. If everyone else received nothing then they are entitled to nothing.

The Court may award them costs since you should have responded to the letters or told your trustee. If you’d like your trustee to help you with this you should expect to be charged by the hour for their time. Frankly, depending on how much they are asking for, you might be better off to simply pay them – call it a tax for not dealing with this during your bankruptcy like you should have…