Are they still discharge in the bk if not listed?

[AngelinaCatHub]

[justbroke]

Hub... your BK was no-asset right? If it was no asset, and the reason for not including the creditor on the Schedules was purely unintentional, the debt is discharged.

However, for asset cases, it gets interesting. I don't even want to speculate as to what happens in an asset case, but, probably doesn't get discharged as the creditor never received any proceed of the Estate.

I already ran into a similar problem, but at least my case is still open (yeah, for the next 5 years, LOL).

[AngelinaCatHub]

Hub... your BK was no-asset right? If it was no asset, and the reason for not including the creditor on the Schedules was purely unintentional, the debt is discharged.

However, for asset cases, it gets interesting. I don't even want to speculate as to what happens in an asset case, but, probably doesn't get discharged as the creditor never received any proceed of the Estate.

I already ran into a similar problem, but at least my case is still open (yeah, for the next 5 years, LOL).

We were an asset 7 case. We really didn't leave them out as not getting the bill is out of site out of mind. God knows I've been out of my mind for years, but I am simply going to send them a copy of my discharge and their paper work back to the collection agency. We have been without a land line for months now and are not missing it. P.S. the bill is for $562.04.

[b_girl]

That's what I read as well...in a ch7 Asset case, the creditor would need notification and a chance to object, as well as have a chance at the proceeds.

[justbroke]

Hub, I'll just add that for $500.00 it's probably not worth re-opening your case just to deal with it. Maybe, they'll back off with receipt of the paperwork. However, if they are smart and crafty, they can still come for you.

Wait, that's right, you're discharged, but not closed until next year, right? Well, I'm going to shut my mouth. No matter what, it would be an expense to fight over $500 for either yourself of the creditor.

No worries, just see what the mailing of the Notification of Bankruptcy does to them. With a little luck, which I'm sending you some, they'll back off and just charge it off and IIB it!!! Truthfully, at $500, it's not worth them pursing, and the CA probably bought the account for $50.00.

[AngelinaCatHub]

Hub, I'll just add that for $500.00 it's probably not worth re-opening your case just to deal with it. Maybe, they'll back off with receipt of the paperwork. However, if they are smart and crafty, they can still come for you.

Wait, that's right, you're discharged, but not closed until next year, right? Well, I'm going to shut my mouth. No matter what, it would be an expense to fight over $500 for either yourself of the creditor.

No worries, just see what the mailing of the Notification of Bankruptcy does to them. With a little luck, which I'm sending you some, they'll back off and just charge it off and IIB it!!! Truthfully, at $500, it's not worth them pursing, and the CA probably bought the account for $50.00.

Thank you, brother. This is what I shall do. I’m sending the bk discharge , and I can pay them, but the letter is a demand for the whole amount. Cain’t do dat. So we will see. Thank you very much for your response. ‘Hub

[MomIcantFindmy]

Hub,
The exact same thing happened to me! I just received a collections letter from cable company. Keep me posted and I, too, am going to send them a copy of my discharge letter.

[Cali]

My attorney, said anything that you had before you filed is discharged if you are no asset C7. That is unsecured debt only.

I just got a letter from a collections agency on a phone bill, that we never got a bill on. The bill was turned over to collections last month. I called the collections agency and gave them case number, discharge/close date and attorney's info.

[justbroke]

I posted to another thread the exact legal reason why a No-Asset Chapter 7 includes all debts. The only debts excluded from the all debts discharge is for non-dischargeable debt.

See the other thread HERE (http://www.bkforum.com/showthread.php?t=30574)

[vermontbloke197]

I posted to another thread the exact legal reason why a No-Asset Chapter 7 includes all debts. The only debts excluded from the all debts discharge is for non-dischargeable debt.

See the other thread HERE (http://www.bkforum.com/showthread.php?t=30574)

Ok, you have stated clearly that all dischargable debts prior to filing in a chapter 7 no asset case are discharged even if a debt is missed off the filing. So my question is this...............has anyone been in the situation where a dischargable debt was missed off their filing in a no asset chap 7 and after sending the collection agency the final decree, they ignore it and still continue trying to collect..........has anyone been taken to court by the collection agency and if yes what happened? Is the only solution to reopen the case and amend the schedules? If yes how difficult is it to reopen?

I only ask this because of the comments of the collection agency. I offered to send them my decree...........they declined and instead wanted my case number "so that they could check that the debt was included in the bankruptcy" Now obviously, I am convinced that they will come back once they find out that this debt wasn't included in the bankruptcy.

So just curious.....what I can do

[justbroke]

First, this has happened many times, and there are several active threads here now, concerning people who have been contacted by collection agencies post-discharge.

has anyone been taken to court by the collection agency and if yes what happened? Is the only solution to reopen the case and amend the schedules? If yes how difficult is it to reopen?

In my other thread, there are several good pointers to caselaw. In many Districts (States), it is just as I wrote earlier. A discharge in a no-asset Chapter 7 discharges ALL prior debt (unless it was non-dischargeable).

It is a violation of the Discharge Injunction for them to pursue. Generally, you or your Attorney send one notice that they are in violation and send a copy of the discharge. If they proceed to sue you in Court or continue to attempt to "actually" collect the debt, then they are in trouble and subject to Sanctions.

I only ask this because of the comments of the collection agency. I offered to send them my decree...........they declined and instead wanted my case number "so that they could check that the debt was included in the bankruptcy" Now obviously, I am convinced that they will come back once they find out that this debt wasn't included in the bankruptcy.

SEND THEM THE FINAL DECREE. It will include the Case Number.

What they are looking for is whether you're a asset case and that you didn't include them on the schedules. That's their only way to proceed.

Sneaky.