What Happens If I Forget To List A Creditor In My Bankruptcy?

The Bankruptcy Code requires that all creditors be included in the bankruptcy petition and be provided notice of the bankruptcy filing.  That said, mistakes happen and creditors do get missed.

If the mistake is recognized while the bankruptcy case is still pending, then you are allowed, and have the obligation to, have the creditor added to your bankruptcy petition.  The court will charge an additional filing fee for adding creditors.  Once the creditor is added, however, the case will usually proceed in the ordinary course.  If the creditor seeks to dispute the discharge of their debt, they will likely be provided with an extension of time to do so since they were added after the initial filing date.

I the mistake is not recognized until after the bankruptcy is closed and discharged, then the Bankruptcy Code clearly states that the debt that was excluded is not subject to the bankruptcy discharge, as they did not have notice of the bankruptcy or an opportunity to object.  Most courts have recognized that this section of the Bankruptcy Code is overly strict and they have adopted a standard based on the intent of the debtor.  If the failure to list and provide notice to the creditor was an honest mistake, which is very easy to do, then most jurisdictions have case law on the books that subjects the debt to the discharge even though they were not scheduled.  If the failure to list and provide notice to the creditor is deemed to be intentional, however, the court will likely enforce the Bankruptcy Code and that debt will survive the discharge.