re-open bankruptcy

[rvidair1]

Jurisdiction

Florida

I had a chapter 7 bankruptcy discharged 6 months ago in Florida, in which no assets were dispersed. About 9 months earlier I was in an auto accident, but there were no injuries, I mistakenly didn't list the other party or her insurance company as creditors. I was notified last week that I am being sued by her carrier, and I didn't have bodily injury protection at the time. I am considering re-opening the bankruptcy to list them as creditors, but was also considering just notifying them of the bankruptcy with the case number by phone or by letter if there was nothing to lose. Another option is sending them a suggestion of bankruptcy, but am not sure if that was only for open cases. Which would be the best option, unless you can suggest a better one?

 

[army judge]

Your two methods you were considering might work.

No harm or cost in running a bluff.

Just send along a copy the discharge issued from the court.

That tactic has worked for a couple of people in the past.



Otherwise, you'll need to petition the court to add the creditors you forgot to list originally.

The last time I petitioned for a relative who had forgotten to add a judgment and a creditor, it also cost her about $190.00 to petition to add the forgotten items.


This article explains it in some detail:

Adding New or Forgotten Debts After Filing for Bankruptcy


Another source is the court's website.

Good luck.

 

[adjusterjack]

Which would be the best option, unless you can suggest a better one?

I suggest you get hold of your bankruptcy attorney and have him get it right.

You are welcome to try to run your bluff but trust me when I tell you that insurance company attorneys are very smart. I know. I used to hire them for my company and I only hired the best and the brightest.