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Reopening A Ch.7 Bk To Add Omitted Creditor

Discuss the legalities of Bankruptcy Law

Reopening A Ch.7 Bk To Add Omitted Creditor

Postby Halton » Tue Nov 29, 2016 6:38 pm

I filed a ch.7 bk in 2008 and received a discharge. Recently i got a call from a collection agency about a debt that i forgot to include in my BK. It was a no asset case and i sent the creditor a letter stating that i may not have to reopen my bk because it was a no asset case and even if i forgot to include the debt it should still be non collectible. They responded to my letter with a phone call stating that the creditor has done a bk check and noticed the creditor was not listed so therfore it is collectible. Can i reopen my case to amend my schedule F to include this creditor and if so Does this mean i have to start the ten years(that it shows on your credit) again from the date i reopen the case?
Halton
 
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Reopening A Ch.7 Bk To Add Omitted Creditor

Postby Berwyk » Tue Nov 29, 2016 7:54 pm

I filed a ch.7 bk in 2008 and received a discharge. Recently i got a call from a collection agency about a debt that i forgot to include in my BK. It was a no asset case and i sent the creditor a letter stating that i may not have to reopen my bk because it was a no asset case and even if i forgot to include the debt it should still be non collectible. They responded to my letter with a phone call stating that the creditor has done a bk check and noticed the creditor was not listed so therfore it is collectible. Can i reopen my case to amend my schedule F to include this creditor and if so Does this mean i have to start the ten years(that it shows on your credit) again from the date i reopen the case?
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Reopening A Ch.7 Bk To Add Omitted Creditor

Postby lanny » Wed Nov 30, 2016 6:01 am

This depends on where your case was filed, and you don't provide that information.  If it was filed in the 9th Circuit, then you were correct that it doesn't matter that the creditor wasn't listed.  The debt was discharged.  Period.  If they have grounds to object to the discharge, such as fraud, then they can reopen the bankruptcy case to litigate that issue.  But unless and until they do that, the debt is discharged.

You need to have your attorney send a strong letter to them telling them to cease and desist, and if they persist, you need to file a Motion for Sanctions against them for violating the post discharge injunction of 11 USC 524.

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/

Follow Me on Twitter:  @bklawr  
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