Can I reopen my Chapter 7 Bankruptcy after it has been discharged to add a creditor?
More Info: I did not list a creditor in my Chapter 7 and now they are trying to gain a judgment against me. How do reopen my case and add them to my creditor list?
Answer: If you do not give your creditor notice of a bankruptcy filing within a timeframe that will permit them to submit a timely proof of claim, then the debt is considered to be non-dischargeable. However, if your case was a no-asset case, then no notice of proof of claim was sent out, which means this time period never expires, and all notice – even post-filing notice – is timely. As your discharge order applies to all creditors, whether noticed or not noticed, as long as the debt is not non-dischargeable, their debt was discharged in your Chapter 7.
In short, you cannot re-open your case to add them, because doing so is moot. If your case was an asset case, then you have lost your right to discharge this debt; if your case was a no-asset case, then the debt is discharged, and you may advise the court accordingly. If your bankruptcy case was no-asset, I would therefore suggest retaining an attorney, advising the attorney of the filing, and having your attorney file an answer stating your discharge under Chapter 7 precludes judgment, and demanding the suit be immediately withdrawn.