One last question about discharge papers

[aces67]

When we received our official discharge it came with a second page. The second page listed all types of debts that are discharged and all types of debts that are not.

My question is how do I know if my district is one that discharges everyone rather they are listed or not? I found a 3 year old medical debt on dh's credit report yesterday that I didn't include. They aren't sending me notices or bills should I just send them a copy of my discharge and see what happens?

[MrSmithster]

i think you need to list. once discharged, those debts not listed when you filed are still active debts that you still owe. i hope im wrong

[dingdong]

If you are a no asset case, then in many districts any debts incurred prior to filing ( that are dischargeable-ie not student loan debt, most taxes, etc) are discharged whether listed or not.

The rational behind this is since you were a no asset and no monies were distributed to creditors, it would basically just take up the court's time to have you re-open a BK case to include a creditor you missed and since they did not need to file a proof of claim to receive a disbursement from the BK estate, they really did not "miss out" on anything by not being noticed. Especially in the case of a medical bill, it isn't like you ran up a CC right before filing and the creditor did not have an opportunity to object to the discharge because they weren't noticed. That medical bill would have gone bye bye with discharge no matter what the case.

Check your district policy, or post which district you are in and we can see if your district rules that all debts , whether included on petitions or not are disharged in a no asset ch 7.

In the mean time, I would send them a copy of your discharge order and it will most likely make the debt go away.

Probably the easiest way to go about it right off the bat. You might want to request an acknowledgement by the creditor , saying they have received the discharge order, so you know it has been handled.

If you were an asset case, you might have issues.

[music12]

alternatively, you could contact the credit bureau, send them the discharge notice, and ask them to correct the bill to IIB.

[AngelinaCatHub]

I got a bill I did not list. I sent a copy of my discharge and a note stating not to bother me again. To date, no bother. I am in my new start and to h*ll with what I missed for pennies. They can sue me if they wish, it would not hold up nor would I care about my credit score. I have yet to check it and once I was 820. Also, once I was wealthy and not bankrupt. The difference? I am happier now than I have ever been in my life. I have learned both sides of the fence.

What is really important? Not wealth, but health, and peace of mind. Put your troubles aside, and join me. (In mental attitude). LIFE IS TOO SERIOUS, to take it that way. Got it? 'Hub

[music12]

"LIFE IS TOO SERIOUS, to take it that way. Got it?"

i like that! you should get this quote trademarked...

[aces67]

If you are a no asset case, then in many districts any debts incurred prior to filing ( that are dischargeable-ie not student loan debt, most taxes, etc) are discharged whether listed or not.

The rational behind this is since you were a no asset and no monies were distributed to creditors, it would basically just take up the court's time to have you re-open a BK case to include a creditor you missed and since they did not need to file a proof of claim to receive a disbursement from the BK estate, they really did not "miss out" on anything by not being noticed. Especially in the case of a medical bill, it isn't like you ran up a CC right before filing and the creditor did not have an opportunity to object to the discharge because they weren't noticed. That medical bill would have gone bye bye with discharge no matter what the case.

Check your district policy, or post which district you are in and we can see if your district rules that all debts , whether included on petitions or not are disharged in a no asset ch 7.

In the mean time, I would send them a copy of your discharge order and it will most likely make the debt go away.

Probably the easiest way to go about it right off the bat. You might want to request an acknowledgement by the creditor , saying they have received the discharge order, so you know it has been handled.

If you were an asset case, you might have issues.

Duh! I just reread it and it says Most but not all types of debt are discharged if the debt existed on the date the bankruptcy was filed or converted. Then it says to see what debts are dischargeable and medical bills are listed there.

I'll just send them a copy then!