Adding creditor after discharge?

[yourbabymomm]

We're in the eastern district of VA; granted a discharge about a month ago.
Today got a call from a collection agency looking to collect for a medical bill that we didn't include in the BK. It was overlooked. Probably because we only got one bill from the facility and then never anything else and assumed insurance took care of the balance (not that this excuses anything).
I'm reading that if you have a no asset case (we did) that in many jurisdictions it's an easy problem to fix. I am trying to read up on VA and am confused at the legalese.
I sent our lawyer an email but thought I'd pose the question here too.
Anyone know what to do?
If we need to pay it we certainly will; I mean after all who wants a collection on their credit report right after a bk!?!? But if we don't have to, obviously I'd like to save a few hundred bucks.
Thanks!

[Pandora]

Snippet from online source:

"Many bankruptcy courts hold that an unlisted debt that would otherwise be dischargeable is discharged without further action by the debtor if the case was a Chapter 7 in which no assets were distributed. Other bankruptcy courts require the debtor to reopen the bankruptcy, give notice to the unlisted creditors, and amend the schedules in order to have the debt officially discharged."

So, guess it depends on the district as to what you need to do, but otherwise given you were non-asset, you shouldnt have to pay it either way.

[tcreegan]

closed yet?

Hi yourbabymomm,

It makes a difference if your case is closed or not. If it is closed, you have to reopen it. If you are discharged but not closed, go to the E. VA Bankruptcy court website and click on "Local Rules" go to:

RULE 1009-1 AMENDMENTS TO LISTS & SCHEDULES

It gives pretty plain instructions. If you need more help, call the court clerk and ask what the procedure is for adding a creditor.

Hope this helps,

Tom in Colo

[justbroke]

Before resorting to re-opening and filing new schedules, do this. Mail them a copy of the Discharge Order and a cover letter indicating that all your debts, prior to the filing date, were discharged in your Bankruptcy case on XX/XX/20XX. Send it certified mail, return receipt, and demand (yes demand) that they return to you in writing within 10-14 days (you make up a good number) of receiving the notice, that they will no longer attempt to collect the debt.

That works 99.99% of the time. No creditor wants to be caught in a discharge injunction issue.

[yourbabymomm]

I heard back from our lawyer and she told me that since we're discharged and closed; they charge $250 to handle it. However she said to do basically what justbroke said to do; to mail them a copy of the discharge, etc. I plan to do this in the next day or so.
I did speak to someone at the collection agency--I did this because I thought she was calling about our car that needs to be surrendered. Before I called I researched the agency and it specializes in repos so I figured that's what it was. D'OH!!! Otherwise I would have communicated in writing; supposedly they sent me a letter yesterday.
Anyway I told her we were just discharged under chapter 7. She basically told me that if we didn't include them we were s.o.l. Of course this is a collection agency we're talking about.
I did also contact the doctor's office and am waiting for a response. I will cc them on the cmrr.

[tcreegan]

Good job JustBroke !!!!! Try the cheap and easy fix first !!

Thanks,

Tom in Colo