Expert: Terry Leeders - 6/27/2008

Question
Filed Chapter 7 pro se in Pennsylvania on November 2nd, 2007.  Discharged and closed on April 14th, 2008.  It has come to my attention that there are as many as five debts to which I signed a personal guarantee pre-petition.  Those guarantees were inadvertently omitted from the petition.  Since it was a no-asset case, and all dischargeable debts were discharged on April 14th, is there any need to re-open the case and amend Schedule F?  Or can I just send those creditors a letter stating that the guarantee was discharged even though they were not listed?  Thanks for your valued assistance.

Answer
Unfortunately, the debts must be listed to be discharged.  Now, you need to bring a motion to reopen the case, then amend the petition, then close the case.  You will have to pay a reopen fee, and an amendment fee.  You also need to send notice to all the creditors you are adding, as well as your trustee and the US Trustee.


To be dischargeable, debts must be scheduled.

11 USC § 523.  Exceptions to discharge

  (a) A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt--
    (3) neither listed nor scheduled under section 521(1) of this title, with the name, if known to the debtor, of the creditor to whom such debt is owed, in time to permit--

Thanks and good luck to you.
Terry