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About Mark J. Markus- California Bankruptcy Attorney
Expertise
Mark J. Markus is a Los Angeles attorney who has practiced exclusively bankruptcy law in California since 1991 and is rated A+ by the Better Business Bureau. He represents debtors, creditors, and Trustees in Chapter 7, Chapter 11, and Chapter 13 of the bankruptcy code throughout California.


Experience
Visit http://www.bklaw.com for more information on bankruptcy in general and Mark J. Markus in particular. Many questions are answered on the web page (hint, hint).
The Markus webpage also contains more information on
  • business bankruptcy,
  • chapter 7 bankruptcy,
  • chapter 11 bankruptcy,
  • chapter 13 bankruptcy,
  • Frequently Asked Bankruptcy Questions

    Also visit our new bankruptcy blog for interesting articles and much more.



    Education/Credentials
    J.D., University of Arizona 1990. B.A. Economics, California State University, Northridge 1986. For more details please click here

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    You are here:  Experts > Business > Corporate Law > Bankruptcy Law > amending a bankruptcy

    Bankruptcy Law - amending a bankruptcy


    Expert: Mark J. Markus- California Bankruptcy Attorney - 9/23/2009

    Question
    I'm not sure how or why you would give free legal advise, but I am really glad you do! :) I live in Allen county, Indiana, and filed Chapter 7 which completed discharge in April 2009. We had an attorney for the filing of the bankruptcy but I admit my husband and I rushed to file for several reasons including my husband's checks were being garnished, and our house was being foreclosed. We now live in an apartment (not that house). In fact, our house sold at sheriff sale on the exact day we filed bankruptcy. Now its over, and I have several more bills (substantial sums of money) that should have been included in the bankruptcy but were not listed. We also continue to get bills from the house - that note acknowledgment of the bankruptcy yet state we should continue to make payments. The house debt alone exceeds $100,000. I don't understand how that can be. The obvious option is to go back to the attorney for the amendment, but that will be expensive and the purpose of filing bankruptcy was a clean slate to start anew. Should I call the owner of the house debt and just ask why we are getting bills? Should I attempt to amend the bankruptcy on my own? Or should I return to attorney I started with, despite the cost, because the benefit of having an attorney will outweigh the cost? Lastly, how long after final discharge do we have to amend the bankruptcy?

    Answer
    This is going to depend on the case law in your jurisdiction, so you really need to discuss this with an attorney in your area.

    Here in California, if you received a discharge in a no-asset Chapter 7 case, then you were discharged from all debts regardless of whether you listed them in the bankruptcy or not.  I don't know if the Indiana courts follow the same line of cases, but that's something a 1-minute phone call or e-mail to your attorney (assuming he/she is competent) should answer.

    http://www.bklaw.com/

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