forgot to list creditor on old law

[CindyLou]

Can someone direct me to the law or the bankruptcy code reference that would talk about a dischargalbe debt that was forgotten on the list of creditors. My understanding is that the old law says that even if you forget its dischargeable. Nissan refused to accept this answer. Any help is appreciated.

[lrprn]

Can someone direct me to the law or the bankruptcy code reference that would talk about a dischargalbe debt that was forgotten on the list of creditors. My understanding is that the old law says that even if you forget its dischargeable. Nissan refused to accept this answer. Any help is appreciated.

http://www.************************/...itor/#more-173 )

However, if you are lucky enough to live in the Ninth Circuit, the Ninth Circuit Court of Appeals has stated that there is simply no need to reopen a case if the debt would have been discharged if it had been listed in the original filing. In the Ninth Circuit, the debt is treated as if it were discharged. (See http://www.uslaw.com/library/article...html?area_id=5 )

[FilingOnMyOwn]

The BK letter should state ALL debts discharged. Just send them a copy of your bk discharge, just the same as the court would have.

[bige1030]

Was your case a no-asset case? If so, your debt is already discharged. If Nissan doesn't accept your discharge paper as evidence that it is discharged, you can always file a motion to reopen to add them to your bankruptcy schedules. You'll get an order denying reopening, stating that the debt is already discharged. This should be acceptable to Nissan.

[poorme]

I've enjoyed the privilege of using the 'all debts included' solution on several of mine - one particularly nasty CA was trying to snag a $25 medical bill. I tried expaining time and again, to no avail. I gave them my lawyers number, and they refused to call him. I said, "Look - my choices are - I either pay you $25 to go away OR I can sue you for $1,000! Hmmm...let me see, I think I'll go for the thou!"...I obtained a copy of my circuit court's case letter on this topic and sent it to them CMRR, including the doctor, and gave them one chance to cease and remove the collections item from all three bureaus. It vanished immediately on the 6th day after they got the letter and the calls stopped.

Call your bk court's clerk - or check on PACER = for their position on this - they likely have a position statement on this.