Unsecured Creditor Listed in Certificate of Service but not Schedule

[mokz]

Question for anyone who can help.

A creditor was listed in the Certificate of Service but the debt was not listed in any of the schedules. A discharge was granted and now the creditor is suing. Did the debt get discharged even though it wasn't listed in a schedule or can they rightfully sue? Is listing someone in the certificate of service enough notice to discharge the debt? I tried searching the Bankruptcy Code and couldn't find anything to address this. Anyone know of the Code that solves this problem?

Thanks so much.

[creditguy]

Do you have proof of service?

JustBroke and I have been discussing something similar in another thread with "preferential treatment" in the headline. You may want to look at that one until he or someone else comes along to chime in.

[mokz]

Do you have proof of service?

JustBroke and I have been discussing something similar in another thread with "preferential treatment" in the headline. You may want to look at that one until he or someone else comes along to chime in.

Yes, there was proof of service.

Thanks, I'll check it out.

[aljohnson007]

If you were a no asset case, I believe all consumer debts are included in the discharge, especially if they had notification of the bk. I know I read this someplace but can't remember where. Look on the back page of the discharge and it should give an explanation of what is included. When you file your response to the law suit, include a copy of the discharge.