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Bankruptcy Law/Reopening a ch.7 BK to add omitted creditor

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Expert: - 8/4/2011


Question
I filed a ch.7 bk in 2008 and received a discharge. Recently i got a call from a collection agency about a debt that i forgot to include in my BK. It was a no asset case and i sent the creditor a letter stating that i may not have to reopen my bk because it was a no asset case and even if i forgot to include the debt it should still be non collectible. They responded to my letter with a phone call stating that the creditor has done a bk check and noticed the creditor was not listed so therfore it is collectible. Can i reopen my case to amend my schedule F to include this creditor and if so Does this mean i have to start the ten years (that it shows on your credit) again from the date i reopen the case?

Answer
This depends on where your case was filed, and you don't provide that information.  If it was filed in the 9th Circuit, then you were correct that it doesn't matter that the creditor wasn't listed.  The debt was discharged.  Period.  If they have grounds to object to the discharge, such as fraud, then they can reopen the bankruptcy case to litigate that issue.  But unless and until they do that, the debt is discharged.

You need to have your attorney send a strong letter to them telling them to cease and desist, and if they persist, you need to file a Motion for Sanctions against them for violating the post discharge injunction of 11 USC 524.

Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
http://www.bklaw.com/
Follow Me on Twitter:  @bklawr  

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Mark J. Markus- California Bankruptcy Attorney

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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.

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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

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    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)

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

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

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

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