Expert: Mark J. Markus- California Bankruptcy Attorney - 6/2/2009

Question
My wife and I were recently discharged from a Chapter 7 (no asset) bankruptcy last month in the state of California.  A few days ago, I received a letter from a creditor requesting $6k for a collection.  This amount was from a previous employer in which I received a relocation bonus, but didn't stay at the employer for a full year so I was responsible for paying it back.  This notice from the collector came after I had already left 2 years ago (no communication during that time either).  Nevertheless, I'm not quite sure if I'm required to 're-open' the bankruptcy case in order for this not to be put on my credit report or legally responsible to pay them back.  Any advise and/or law references would be greatly appreciated.  Thank you very much!

Answer
No you don't need to reopen your case.  If this debt was incurred prior to filing your bankruptcy case, and it was a no-asset chapter 7 case, then you are discharged from the debt and they have no legal right to seek collection against it.   The creditor could, however, reopen your case to seek to have the discharge of that debt denied if they can prove that the debt was incurred by fraud, and they can also prove they never received prior notice of the bankruptcy filing.

You can cite to them In re Nielsen, 383 F.3d 922, (9th Cir. 2004)