Bankruptcy Law/BANKRUPTCY

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Expert: - 3/26/2009


Question
Last month I got ch. 7 discharge. Since then I have an issue with a karate class. I canceled but they said I owe for the next 3 months. They were automatically charging my bank debit card but now there is insufficient funds. I am not attending. If I don't pay what would be the consequences? Can I include them as creditors?

Answer

Leon Bayer
It is probably too late to include the debt. However, you can try filing and serving them with an amendment to the bankruptcy listing them as a creditor. There is a slight chance your case might still be open, and if so the amendment should be good. You should do this immediately.

Even if your case is not open, serving the school with the amendment may be sufficient to make them stop billing you. There is also a provision in the law which says an unlisted debt is discharged anyway, so long as it is the kind of debt that is dischargeable if it had been properly listed. The difficulty is getting a lay person to believe you when you tell them that! I think that filing and serving them with the amendment immediately is going to be your best bet. If it does not resolve this, then it will be time for you to consult with a local bankruptcy attorney.

Those reading this who would like to do some more general reading on bankruptcy can see mu Bankruptcy Guide at http://www.debt-relief-bankruptcy.com/guide-new.asp

I hope it works out for you.  

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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