Expert: Terry Leeders - 11/30/2008

Question
I had an accident in my sisters car.  She had no insurance.  This was in 2006.  I filed bankruptcy (2008 and it is discharged) and did not include the individual in the petition because I had no notice that he was sueing me or anything.  Two days ago, I received a letter stating he is sueing me and the owners of the vehicle for 50,000.  Can I reopen the bankruptcy and include this individual since the accident occured prior to the bankruptcy or is it too late because he is sueing me after the bankruptcy was discharged?

Answer
YOu can pay the court fee to reopen your case to amend your schedules to include the debt.  You will need to show the court that you didn't know about the debt at the time you filed, and if you did you would have listed it.  The court is usually pretty liberal in allowing you to open the case.  You should send notice to the plaintiff and their attorney as well of your motion to reopen to amend.