An issue following my discharge

[indigoblue]

My husband had ADT security installed in our home in Dec 2008. Our BK was filed in March 2009. I don't think it was ever actually listed because we were using it and when he lost his job in April 09 we kept paying it as we should have. We moved out of state and have been paying it but can no longer afford too. They want a $680 cancellation fee. Was this account technically included in the BK even if it was not put down on the papers? I have understood that any debt you had prior to the filing is technically included. I'm not trying to get by with something, we simply need to know. I wanted to add that we could not transfer it to our new home because our landlord won't allow it.

[justbroke]

Yes, it was "technically" included in the bankruptcy. You should send a copy of your discharge order and injunction to ADT and tell them to go away. This is especially true if you were a "no asset" Chapter 7 case. The fact that you continued paying on a discharged or dischargeable debt is irrelevant! Nothing int he bankruptcy code precludes a debtor from, on his own volition, paying discharged debts.

[indigoblue]

thanks justbroke. I thought that was right and it is a relief.

[BCA2009]

Yes, it was "technically" included in the bankruptcy. You should send a copy of your discharge order and injunction to ADT and tell them to go away. This is especially true if you were a "no asset" Chapter 7 case. The fact that you continued paying on a discharged or dischargeable debt is irrelevant! Nothing int he bankruptcy code precludes a debtor from, on his own volition, paying discharged debts.

I totally agree with your advice on what the OP should do, but if the cancellation fee was incurred after discharge, techically isn't this post discharge debt and not included in the BK? My guess is if the OP sends them a copy of the discharge, ADT isn't going to waste much effort trying to collect regardless of the timing of the cancelation fee.

I have a somewhat similar situation. I quit paying insurance on a boat that I am surrendering in BK. I didn't notify the insurance company and they claim that the insurance was in effect beyond the time covered by my last payment. I just ignored them, it's not alot of money so I don't think they will pursue it, but I was curious the amount is covered by the discharge or not.

Just curious of your opinion.

Thanks

[indigoblue]

I totally agree with your advice on what the OP should do, but if the cancellation fee was incurred after discharge, techically isn't this post discharge debt and not included in the BK? My guess is if the OP sends them a copy of the discharge, ADT isn't going to waste much effort trying to collect regardless of the timing of the cancelation fee.

I have a somewhat similar situation. I quit paying insurance on a boat that I am surrendering in BK. I didn't notify the insurance company and they claim that the insurance was in effect beyond the time covered by my last payment. I just ignored them, it's not alot of money so I don't think they will pursue it, but I was curious the amount is covered by the discharge or not.

Just curious of your opinion.

Thanks

That is a very good point but if I remember correctly it applies to any open account prior to the BK and therefore the cancellation fee would never have come into play.

[justbroke]

...but if the cancellation fee was incurred after discharge, techically isn't this post discharge debt and not included in the BK?

I don't believe so, because the debtor became liable for the fee pre-petition (entered into an agreement). Otherwise, your surrendered home or auto creditor could charge you and send a post-petition bill because fees occurred, post petition.

It's a very good distinction though.

[indigoblue]

Thanks again. I will have him call them tomorrow.