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Bankruptcy Law/FORGOT TO LIST A CREDITOR IN BANKRUPTCY TWO YEARS AGO

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Question
Hi

Thank you for your fast response.  I apologize, I filed my bk in Redding, CA.  The creditor is pacific bell for a phone bill, was not listed in my bk, so is it still dischargeable?  Do I need to call the creditor and give them any information.  Thanks again.
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Followup To

Question -
I have a question.  I filed for bankruptcy and received my discharge in june 2005.  I just now received a notice from a collection agency for a debt I completely forgot to include.  Am I still able to include this by doing an amendment?  If so, is this process hard?  I retained an attorney for my bk, do I need to obtain an attorney for this as well?  Thank you very much for your time.

Answer -
If you filed a Chapter 7 and it was a no-asset case, then in most jurisdictions (you don't indicate where your case was filed) you don't need to do anything.  The debt was discharged.  (Unless it was a debt that isn't dischargeable, such as certain taxes, student loans, domestic support obligations, etc.).

Answer
Again, assuming it was a no-asset chapter 7 case, it's not dischargeABLE--It was dischargED.  You should provide PacBell with a copy of your discharge notice.  If they take any further collection actions, you can seek a contempt sanction against them with the bankruptcy court.

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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

  • 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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