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Bankruptcy Law/Discharged Chapter 7 No Assets Case- Newly Found Debts

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Expert: - 12/14/2008


Question
My Wife and I filed for Chapter 7 on 7/29/08 in CA Central Bankruptcy Court and received our Discharge on 11/19/08.  It was a no assests case.  My question is: We have now been sent a collections letter from a medical provider for a bill that we were unaware of, the date of service was 6/24/08(prior to our filing date), and I have read that in a chapter 7 no assets case we should not have to re-open to include this debt because in a no assests case it is assumed there is no remedy for the creditor even if they had been included, is that true?  Some of the posts I read stated that it was up to each individual dirstict, judge, etc.  Bottom line... What do we need to do to make sure this newly found Medical bill is part of our dischage???

Answer

Leon Bayer
You have done your homework, and what you are saying is correct. However,before you do anything expensive or drastic, try my fix, which can usually be handled for the price of a postage stamp.

I am assuming that the bill is small. If it is an extremely large debt then it might be necessary to pursue some other, more costly alternative other than what I am about to recommend.

I suggest you make a copy of the bill, write across the copy with a bold marker, "see attached BK notice," staple a copy of your discharge to it, and mail it back to them.

This usually does the trick, and this is also an effective way to deal with any of the debts that you did list, who happen to aimlessly persist in pestering you with bills.

I hope that takes care of it.

Los Angeles Bankruptcy Lawyer Leon D. Bayer

Expertise

Leon Bayer has successfully represented clients in bankruptcy for over 30 years. He is frequently called upon by the media, the California Bar and other associations to provide insight and help educate attorneys on bankruptcy issues. If you or other readers want to keep up with my blog postings about life in and out of bankruptcy, you can follow my blog at http://www.bankruptcyblogger.org/ and my personal web site at http://www.debt-relief-bankruptcy.com and A Human Guide to Bankruptcy at http://www.thebankruptcyguide.net/ Leon also writes about bankruptcy law for Nolo, see http://www.nolo.com/law-authors/leon-bayer.html and his "Ask Leon" bankruptcy law blog column at http://blog.nolo.com/bankruptcy/

Experience

Leon is a Certified Specialist in Bankruptcy Law by the State Bar of California, and has been a practicing bankruptcy lawyer in Los Angeles, California for 33 years.

Organizations
National Association of Consumer Bankruptcy Lawyers, California Bar Association, Los Angeles County Bar Association.

Publications
Author, ?The Essentials Of Chapter 13,? Daily Journal Report, December 18, 1987.
Contributing Editor, Basic Bankruptcy, California Practice Handbook, Matthew Bender 1992, 1993.
CEB Consultant, CEB-Personal and Small Business Bankruptcy Practice in California, 2003.


Education/Credentials
B.A., J.D.

Awards and Honors
President, 1995-1996-Los Angeles Bankruptcy Forum; Member - Los Angeles County Bar Association Committee on Commercial Law & Bankruptcy, 1988. Law Advisory
Commission-Personal & Small Business Bankruptcy Law of the State Bar of California, 1996-2000

MR. BAYER SAYS: The big banks and credit card companys have been working overtime for many years to undermine the Consitutional right of the American people to be able to claim bankruptcy protection. In 2005 the banking lobby successfully convinced Congress and the President to make the laws and proceedures more complicated, hopeing that it will stymie legitimate people from filing bankruptcy. They succeeded in gaining these complex new legal proceedures by greasing the legislative system with hundreds of millions of dollars in "campaign contributions." The good news for the American people is that while the new laws have made the proceedures needlessly complex to the point where inexperienced people can't help but trip over the maze of new rules and regulations, the process is still doable, especially with a lawyer who is well trained and experienced in this specialty.

Past/Present Clients
I have probably handled something on the order of about 15,000 bankruptcy cases thropughout my career.

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