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Bankruptcy Law/Forgotten creditor


I got a chapter 7 discharge recently. Then I got sued by a creditor in small claims court. I forgot to list them in the bankruptcy. I just plain forgot about the debt becuase it was a few years old. It was $800, and now they're claiming 5 years of interest. Does the fact that I got a discharge have any affect on this debt, or do I still owe it because I forgot to list it?

This will depend on the way the courts have ruled in your area on this issue. It appears that where you reside (New York) the courts have ruled that if a case was a no asset case and a creditor was left of the schedule accidently then it is treated as discharged. A no asset case is where there were no assets available to distribute to creditors. The creditors received nothing in this case.

The exceptions are of course if it was an asset case where creditors had a right to distribution of assets or where you deliberately left them of the schedule, or where it was a type of debt that is non-dischargeable.  

This is similar in California. I have posted a link to what happens in the 9th circuit California is part of.

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Norma Duenas - California Bankruptcy Attorney


Norma Duenas is a California Bankruptcy Attorney representing clients in Chapter 7 and Chapter 13 consumer bankruptcy cases. Norma Duenas is the founding member of Southern California Law Advocates a consumer bankruptcy law firm. For further information you can visit us at: Bankruptcy Attorney in Orange County


Have filed over 350 consumer bankruptcy cases in Orange County, Los Angeles and Riverside. I have worked previously for Macey and Aleman, the largest consumer bankruptcy firm in the country. Currently I am the owner of Southern California Law Advocates, a bankruptcy law firm with offices in Orange County, Los Angeles and Riverside. Law offices is focused on consumer Chapter 13 Bankruptcy and Chapter 7 Bankruptcy

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University of California, Irvine, BA in Criminology, Law and Society California State University, Los Angeles MS in Criminal Justice University of San Diego, Law School, JD Cum Laude

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