Left an account out by mistake....

[sassiebaz]

This may be very simple to fix. One of my creditors were left out and we are post 341 hearing. Although the credit card was the most recent and not in default, it was on auto pay and I plain forgot about it. So, the card company closed the account after being notified of my filing. The rep. acted like I didn't need to do anything. However, in speaking with a friend, I was told it would not be discharged if I did not add it in....what do I do? Can I still pay the card off...or do I ask my attorney to include this debt?

[LadyInTheRed]

Call your attorney and ask what to do.

If a case is a no asset case, my understanding is that a debt is discharged even if it wasn't listed on the petition. But, your attorney may still recommend you amend your petition to list it to avoid any future hassle.

[justbroke]

Yes, definitely contact your attorney. It is probably discharged automatically -- even without scheduling it -- if this is a no asset case. If you are very concerned, and the card is of a significant balance, you could have your Attorney amend your schedules to include the debt. Your case is not yet closed so you should be able to do this for $100-200 in attorney fees, plus the $26 amendment fee. If you have an attorney that you paid a good fee to, they may waive this fee to amend.

In the end, this may all be for naught. Just as LadyInTheRed posted.

[sassiebaz]

It is a no asset case. The balance on card is approx. $345.00. It will cost $75 to amend through attorney.

[justbroke]

Only you can evaluate whether it is worth it to you or not. For what it's worth, and hopefully before the wonderful Despritfreya gets here to this thread, you do not need to re-open a no-asset Chapter 7 case to add an omitted creditor. In Beezley v. California Land Title Co. (In re Beezley), 994 F.2d 1433, 1434 (9th Cir. 1993), the 9th Circuit has basically ruled that re-opening a no-asset case to schedule an otherwise dischargeable debt, serves no purpose.

So, since you're in Arizona, the precedence for this is In Re Beezley. It's basically up to you at this point. The creditor might "bother" you in the future, but you can rest on the fact that the debt was in fact dischargeable, and was discharged.

[sassiebaz]

Only you can evaluate whether it is worth it to you or not. For what it's worth, and hopefully before the wonderful Despritfreya gets here to this thread, you do not need to re-open a no-asset Chapter 7 case to add an omitted creditor. In Beezley v. California Land Title Co. (In re Beezley), 994 F.2d 1433, 1434 (9th Cir. 1993), the 9th Circuit has basically ruled that re-opening a no-asset case to schedule an otherwise dischargeable debt, serves no purpose.

So, since you're in Arizona, the precedence for this is In Re Beezley. It's basically up to you at this point. The creditor might "bother" you in the future, but you can rest on the fact that the debt was in fact dischargeable, and was discharged.

Lol.....I do believe what you said to be factual and true. I have been told this by another person as well. What about a doctor bill, around $59.00 that was in my husbands name, that we also left out? I promise there is nothing else I will be adding after this question...we still see this dr. so I believe that was not a mistake...just something we just left out...

[justbroke]

Lol.....I do believe what you said to be factual and true. I have been told this by another person as well. What about a doctor bill, around $59.00 that was in my husbands name, that we also left out? I promise there is nothing else I will be adding after this question...we still see this dr. so I believe that was not a mistake...just something we just left out...

I find doctors, dentists and other healthcare providers to be a special case. If you are still seeing or want to see that provider, most would typically pay them back. However, it should have been listed, but it doesn't really matter either!

It was discharged. The law does not prevent the debtor from paying any discharged debt. The law only prohibits the creditor from attempting to collect the discharged debt!

[sassiebaz]

I find doctors, dentists and other healthcare providers to be a special case. If you are still seeing or want to see that provider, most would typically pay them back. However, it should have been listed, but it doesn't really matter either!

It was discharged. The law does not prevent the debtor from paying any discharged debt. The law only prohibits the creditor from attempting to collect the discharged debt!

Thamks, I always enjoy your responses! We did take down our dentist to the tune of $1300.00. I don't plan on paying him...

[justbroke]

Thamks, I always enjoy your responses! We did take down our dentist to the tune of $1300.00. I don't plan on paying him...

Or seeing him anymore... I suppose!

[sassiebaz]

Or seeing him anymore... I suppose!

Exactly!! It's unfortunate. Initially the bill was $485.00 stated over the phone and I would have made payment arrangements. Then, after a year of them trying to get two different ins. co's to settle the bill...it turned into $1300.00....so we had no choice. Here in Phoenix, there is a dentist on every corner...so we will search for a new one. He was good though!