Asset Ch7 case and new/old debts

[brokeinal]

We are an asset case (the trustee has part of our tax return, but that's it). We should be discharged any day now.

We just got notified of two debts -- both medical, one from 2010 and one from 2007, that we were never billed for. The collection agencies told us it was a mistake and the company never billed us, but they want money now. It is not on our credit yet.

What do we do? These debts were incurred before our filing date and I am assuming would easily be included had we known about them prior. They total approximately $425. One of them is less than $100 (this agency laughed when we told them we had filed bankruptcy and refused to take any information from us or give us their information, but through Google I was able to determine who they are), and the other is $325 and they said they would work out a payment plan with us if we wanted.

[debee]

Forget the payment plan. You can amend your petition for $26 and include the debt.

I would call your attorney. If you're in a district that doesn't require creditors to be listed to be discharged, she might recommend you do nothing.

The creditor still has time time to file a proof of claim and get a crumb from your tax refund. That's all they're entitled to get.

[brokeinal]

How do I find out if I live in a district that requires creditors to be listed to be discharged? I just left a message with our attorney, but I now have all night to fret about this.

[debee]

No need to fret. You have LOTS of time. You can amend your petition any time until your case closes. You just add the creditors and it's done. Very easy. Your case is a ways off from closing because you're an asset case. Oh, yeah now that I see my own typing I remember you're an asset case. You're going to have to amend your petition.

You can amend your petition any time before your case closes. Your case won't close until after your assets have been distributed. That's a ways off since judging from your signature they can still file claims until the end of July.

edit: the district thing only applies to no-asset cases. sorry for the confusion.

[brokeinal]

Thanks so much Debee!