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Bankruptcy Law/amending a Chp 7 with no assets

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Expert: Los Angeles Bankruptcy Lawyer Leon D. Bayer - 6/9/2009


Question
i filed a chp 7 bk on 5/21/04 in CA no assets and forgot to include a
creditor.   It was discharged on 8/04, but the first date of delinquency on that
bill was 7/04.  Can i still amend the bk and if so do i amend this bk in CA or
can i reopen it in my current residence NV?  Also I have the collection agency
seeking the debt even though I have sent then numerous letters which
included a copy of my bk.  Can they legally continue to report this on my
credit report and seek a settlement?  

Thanks

Answer

Leon Bayer
The courts have ruled over and over again that bankruptcy discharges an unlisted debt so long as it was a "no asset" case and the debt is the type that is dischargeable.

However, most courts are unwilling to reopen a case to let you amend, unless it is for the purpose of allowing you to file a lawsuit against the creditor to determine the dischargeability of the debt, a process that will cost thousands of dollars in attorney fees. Such an action would be filed in the same court where you filed your bankruptcy.

I think the practical solution is for you to retain a local BK attorney for the purpose of writing a "lawyer letter" demanding that the collector cease and desist. The cost for that should be modest, and comming from a lawyer, hopefully it will do the trick.

I hope this works out for you.

Readers who want some general background on bankruptcy can see my Bankruptcy Guide at http://www.debt-relief-bankruptcy.com/guide-new.asp

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. You can learn the basics of local bankruptcy practice in Los Angeles from his Human Bankruptcy Guide at http://www.thebankruptcyguide.net/, follow his Los Angeles Bankruptcy Blog at http://bankruptcyblogger.org/category/bankruptcy-in-the-news/, and visit his Los Angeles Bankruptcy Lawyers/Attorneys web site at www.debt-relief-bankruptcy.com. Personal and small business bankruptcy. Mr. Bayer has successfully handled thousands of bankruptcy cases. You can view his personal web site at:

www.debt-relief-bankruptcy.com

You can view his personal blog site at:

http://www.bankruptcyblogger.org/

and http://www.thebankruptcyguide.net/ 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/

Experience

Leon is a Certified Specialist in Bankruptcy Law by the State Bar of California, and has been a practicing Bankruptcy lawyer for 32 years.

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.

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