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Expert: Mark J. Markus- California Bankruptcy Attorney - 9/29/2009


Question
My chapter 7 bk was discharged in July of 2009. (I live in Ca.) I am now being taken to small claims by my e mother in law for 7500.  I didn't know of this until i recieved the small claims info. Since this was in 2007 before my bk am I legally responsible for paying her back. I didn't put it in my list of creditors because as i mentioned before i was unaware of this debt.

Answer
If your chapter 7 bankruptcy was a no-asset case (meaning no assets were liquidated and distributed by the Trustee) then the debt to your mother-in-law was discharged and you have no further obligation to pay.  If she filed a small claims action, the case is void and you can pursue sanctions against her if she refuses to dismiss it.

For more information, see my blog article at http://bklaw.com/bankruptcy-blog/2009/09/forget-to-list-a-creditor/

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Mark J. Markus- California Bankruptcy Attorney

Expertise

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

Experience

Visit our California bankruptcy webpage at 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

  • Which Chapter to File,
  • business bankruptcy,
  • chapter 7 bankruptcy,
  • chapter 11 bankruptcy,
  • chapter 13 bankruptcy,
  • Do You Need a Lawyer to File Bankruptcy?
  • Frequently Asked Bankruptcy Questions

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



    Organizations
    Central District Consumer Bankruptcy Attorneys Association (CDCBAA) Los Angeles County Bar Association (LACBA) Commercial Law & Bankruptcy Section of the Los Angeles County Bar Association Financial Lawyers Conference (FLC) National Association of Consumer Bankruptcy Attorneys (NACBA) Los Angeles Bankruptcy Forum (LABF) American Bankruptcy Institute (ABI) San Fernando Valley Bar Association (SFVBA)

    Publications
    Central District Consumer Bankruptcy Attorneys Association Newsletter September 2007 (Vol. 1, Issue 2)

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

    Awards and Honors
    AV Rated by Martindale-Hubbell (http://www.martindale.com) A+ Rated by Better Business Bureau

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