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Creditors and Bankruptcy/Forgot to include creditor in chapter 7
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Question
I forgot to include a "creditor" when I filed for Chapter 7 in 2007 in California. It's a lawsuit against me and the company I used to work for. The attorney for the firm was handling it and I forgot to include them in BK. The lawsuit is still going on. I sent them my discharge letter, however they will not back down. They claim that I'm still liable because their name was not included in my bankruptcy. It was a no-asset chapter 7 and from reading here there is no need to amend it.
What can I do to make them dismiss this lawsuit against me.
If the plaintiff(s) will not back down, you must move the bankruptcy court to reopen your case, amend the schedules to include the creditor, and serve the creditor with the petition and schedules. I suggest you contact a bankruptcy attorney to accomplish this.
Brian V. Lee, Esq.
Virginia bankruptcy attorney
http://www.lee-legal.com
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Answers by Expert:
Brian V. Lee, Esq.
Expertise
All questions related to consumer and business bankruptcy, debt management, and personal finances are welcome. Serving clients in the DC-metropolitan area since 2005, I am licensed in Virginia and the District of Columbia. I have provided counsel to hundreds of clients with a wide variety of complex legal and financial issues. Feel free to visit my All About Bankruptcy blog for more information.
Experience
Serving clients in the DC-metropolitan area since 2005, I am licensed in Virginia and the District of Columbia. I have provided counsel to hundreds of clients with a wide variety of complex legal and financial issues.
* Bankruptcy Chapter 7
* Bankruptcy Chapter 13
* Bankruptcy Chapter 11
* Bankruptcy Terms
* Foreclosures
* Mortgage Issues
* How to Save Your Home
* How to Rebuild Your Credit
* Property You Can Keep
* Car Repossession
* Debt Test
* Tips for Consumers in Debt
* What to Expect in Court
* Washington, D.C., Exemptions
* Virginia Exemptions
* Checklist of Key Changes in Bankruptcy Law
* Changes in Chapter 7 & 13 Bankruptcy Law
* Big Changes in Bankruptcy Law
Organizations
DC Bar, VA Bar
Publications
http://www.lee-legal.com/bankruptcy-blog
Education/Credentials
I am a graduate of Rutgers University and the George Mason University School of Law.
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