In some cases of bankruptcy in Oklahoma, the filer forgets to include a creditor in his or her bankruptcy. This isn’t a common occurrence, because bankruptcy filers are typically reminded by their attorneys to be very thorough in making sure they have listed all of their creditors. A good bankruptcy attorney will also take steps to prevent this error, including obtaining the filer’s credit reports. However, even the most diligent individual sometimes forgets a creditor, so it’s important to understand what steps you need to take if this happens to you. If you are considering filing for bankruptcy in Oklahoma, your first course of action should be to enlist the help of our qualified attorneys at Oklahoma Legal Center. With our reputable lawyers on your side, you can ensure that you take all the steps necessary to file a successful bankruptcy.
How to Handle a Forgotten Creditor
There are different types of bankruptcy in Oklahoma – including Chapter 7 and Chapter 13 – and a forgotten creditor would be handled differently depending on the type of bankruptcy filed. If your case is a no-asset Chapter 7 bankruptcy, which means that none of your property will be liquidated and the proceeds used to pay your unsecured creditors, some bankruptcy courts will ask that you amend your bankruptcy schedules and give notice to the forgotten creditor in order to have the debt discharged. If your bankruptcy case has already been closed, you would be required to file a Motion to Reopen your case, at which point you would amend your bankruptcy schedules and give notice to the forgotten creditor. Keep in mind that there are court costs associated with motions to reopen cases – about $260.00 – and filing amended schedules – about $26.00.
Consult Our Experienced Attorneys for Help
On the other hand, if your case is a Chapter 13 bankruptcy or a Chapter 7 bankruptcy where your assets were liquidated and used to pay your unsecured creditors, then a creditor that was left out was technically harmed by not being included in the case and therefore not receiving the associated funds. Under these circumstances, that unlisted debt would survive the bankruptcy and the debtor would still be liable for the money owed to that particular creditor. If you are filing bankruptcy in Oklahoma, and you realize that you have forgotten to list a creditor, contact your bankruptcy lawyer as soon as possible for legal advice. Our bankruptcy attorneys at Oklahoma Legal Center have extensive experience helping individuals throughout Oklahoma file bankruptcy, and can help you determine the best action for your specific situation.