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will this get discharged too?

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    will this get discharged too?

    Hello everyone, I've been trying to catch up on threads for the last 20 minutes; it's so great to come here and not feel alone in the big old cold world

    We filed Chapter 7 on 1/21 and I've realized we owe T-Mobile $120 for my husband's November and December bills. I'd prefer not to pay them if I absolutely, positively don't have to, since we're living from unemployment check to unemployment check and $120 could pay a few bills. T-Mobile was not listed as an unsecured debt anywhere on the paperwork. From what Nolo tells me, since we're a no-asset case, that's not a huge problem since even if they had been officially notified of the bankruptcy by the court, they wouldn't have gotten anything from us anyway.

    The only leverage they have is to close his account, and he's switched over to a prepaid plan as of January anyway, so that's okay by us.

    So my question is, even if this amount was not listed on the paperwork anywhere, is it still considered "covered" by the bankruptcy and set to be discharged along with everything else? Are they bound by the stay? Can I safely not pay it and they can't come after me for it?

    Thank you (once again) for your help!
    1/22/10 - filed Chapter 7 pro se
    3/2/10 - 341 meeting
    5/6/10 - discharged and case closed

    #2
    * bump *

    Please? Someone?
    1/22/10 - filed Chapter 7 pro se
    3/2/10 - 341 meeting
    5/6/10 - discharged and case closed

    Comment


      #3
      I am not a lawyer. I would naively guess that if they could argue compellingly with admissible evidence that there was some bad faith issue such that you never intended to pay the bill when you incurred the debt, then perhaps they could escape discharge but, beyond something rather unlikely like that, it is indeed my understanding that they can't seek payment of the outstanding bill after you have properly notified them of your bankruptcy. This blanket coverage is one of the reasons I'm happy my case has stayed no-asset.

      Of course, you can always actually amend your schedule F and mailing matrix and serve them properly, but it's possibly neither required nor worth the effort.

      Comment

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