Can you reopen a chapter 7?

[dell1972]

I need help! Can you reopen a chapter 7 discharge? A payday loan company been harassing me. Do i have pay a bigger fees again? Thanks!!

[frogger]

Huh? You're gonna have to explain that one a little better.

[dell1972]

Here's what happen, I received 3 to 4 calls today from 9am to noon. They call private and said it was urgent about a check or a debt I own. I knew I included all my debt in the Chapter 7. I received my discharge paper in April of this year. I call the 1800 number and I found out it was Payday loan of $390 that went into a collection company. I am piss because I took a payday loan out back in 2007 for my mom and I thought she pay it off. The guy at the place was rude and threaten to serve me papers and garnishment my wage. If my mom would told me she didnt pay off the loan of $390, I could included in my Chapter 7. What should I do? Can I reopen my chapter 7 to included this debt? Thanks!

[keepinitreal]

Your unsecured debt, including that payday loan, was eliminated when you were discharged last month. Get an address from them and send them a copy of your discharge papers. Even if you forgot to list the payday lender, they were included automatically. You could pay your lawyer to send them a letter explaining it to them.

[dell1972]

I forgot to included them in my Chapter 7. Can I still fax them my Chapter 7 discharge?

[keptdigging]

The gurus should chime in with the details but as I understand it they have to show that their rights were affected by not being included or perhaps that you committed bankruptcy fraud by KNOWINGLY omitting them (for $390? Not a chance.)

Were you a no-asset case? The classic case of their rights being violated is if you WERE an asset case and they missed out on their share of the estate. (I'm guessing this was not the case.)

But the basic rule is ALL unsecured debt is discharged. Creditors with small overlooked debts don't get to come out of the woodwork and collect. So YES send them your discharge papers.

Also I would imagine that any collection person has access to your credit info and certainly can determine that it was discharged in a 7. But they're in the business of convincing you to send them money whether you have to or not.

[nc73]

Yeah they were just hoping you weren't that smart and just paid them.

[dell1972]

Hello Guys and Ladies
My case was a No Assets!
One of my co-worker told me not to worry about it. What use would the discharge paper mean if they weren't put into the Chapter 7? If I fax them my discharge paper wouldn't they be able to make me pay the $390. Thanks!

[TEW]

It was discharged if the chapter 7 was no asset. and you did not create the debit after you filed.

[dell1972]

yes this debt was create in 2007 or 2008! So do I need to fax them anything or just leave it alone and move on with my life. Thanks!

[TEW]

yes this debt was create in 2007 or 2008! So do I need to fax them anything or just leave it alone and move on with my life. Thanks!

Just give them your case number and tell them not to call you again.

[newbie2]

yes this debt was create in 2007 or 2008! So do I need to fax them anything or just leave it alone and move on with my life. Thanks!

A couple of people here have said to mail them a copy of your discharge papers. Do that. Unless you want them to keep calling..

If it was me I would send it registered mail, so that you have a receipt that proves it was mailed.

[BCA2009]

Hello Guys and Ladies
My case was a No Assets!
One of my co-worker told me not to worry about it. What use would the discharge paper mean if they weren't put into the Chapter 7? If I fax them my discharge paper wouldn't they be able to make me pay the $390. Thanks!

You don't get to pick and chose who is included in the the Chap 7. You can't exclude a creditor even if you want to. The issue is that they weren't on the creditor matrix.

As someone else said the only thing they could do is to try to get the case re-opened so that they could share in the distribution of assets. Since you were a no asset case, that would do them no good. And also because it is only $390. It would cost them more than that to try anything. Send them a copy of the discharge and forget it.

[NHC]

yes this debt was create in 2007 or 2008! So do I need to fax them anything or just leave it alone and move on with my life. Thanks!

I would give them your case number...if push comes to shove, fax them a copy of the discharge....if they continue to harass ya after that, keep track and file a lawsuit on 'em.

[Mi Bankruptcy]

I would cal them. Give them the case # with the date you filed and was discharged. Tell them your a no-asset case. If they pursue farther send them a certified letter. Remind them when you are on the phone that if they continue to collect on this debt they are violating the law and you will pursue legal actions.

BTW. I had this happen with a medical bill. After I gave the lady my case number and when I filed..She said thanks and I would not receive any more collection notices. :o)