Creditor not listed prior to discharge

[KKAB]

My bk was discharged on 7/28, however it has not closed yet. I have been receiving phone calls from a collection agency for a medical bill incurred in 2005, and, not receiving monthly bills on it, I did not list it in my bk. What should I do? Can I add them now? If I send my discharge papers will they just write it off?
Thanks for any advice on this!

[BassBoy]

If you are a no asset case, I do recall that any debt incurred prior to your filing is discharged, even if the debt was not listed. Asset cases are another story. You could send them a copy of your discharge and that should be the end of it.

[KKAB]

Thanks for the reply. So should I tell the collection agency that we are an asset case or just sent in my discharge papers? With $30,000 in debt, their share of our $2200 distribution will my very small considering I only owe them $197.

[BassBoy]

With asset cases, you will not be able to discharge the debt if the creditor was not listed in time for the creditor to file a timely proof of claim. Unfortunately, you may be stuck with having to pay this debt. We had the same thing happen. We were an asset case and we got a medical bill almost a-year-and-a-half after our discharge, so we could not discharge this debt.

You owe them $197 and it may be worth it to work out some sort of payment arrangements if you can not add this creditor, which I assume you may not be able to since you've already been discharged, and most likely, the notices and/or deadlline for creditors to file proof of claims may have already expired.

[KKAB]

$30,000 is approximately the total we got discharged. I think I'm going to send them the discharge papers as you had suggested and if they don't accept it I will just pay the bill. I just hate to do that!

[BassBoy]

I understand. It sucks when crap like this pops up so long afterwards.

You can go ahead and send the discharge papers if you wish and that may buy you some time, but don't communicare with them that you were an asset case. Just mail the papers (certified, rerurn receipt) and see if they figure it out. Who knows, you may never hear from them again.

[Adchick]

If you are a no asset case, I do recall that any debt incurred prior to your filing is discharged, even if the debt was not listed. Asset cases are another story. You could send them a copy of your discharge and that should be the end of it.

BassBoy, can you confirm this? I ask because I recently got a call from a collection agency about a debt I seriously have absolutely no knowledge of.

Thanks!

[Cali]

I am not BB, but my attorney(who has been a BK attorney for 30+ yrs) also told me that if you are no-asset any debt acquired before you filed will be discharged. Now if you are asset, that doesn't apply.

BassBoy, can you confirm this? I ask because I recently got a call from a collection agency about a debt I seriously have absolutely no knowledge of.

Thanks!

[Adchick]

I was a no asset so this is definitely good to know! thank you!