The Formal Discharge of Debtor notice that I received from the United States Bankruptcy Court included a page with a list of Debts that are Not Discharged.
The one that I have two questions about is:
g. Some debts which were not properly listed by the debtor;
Question 1: My BK attorney was a disaster (the court held a 329? hearing against him and made him pay me back his fees!) and he failed to correct the mailing address of former tenants who had a minor judgment against me listed in the BK.
Since they did not receive notice, could they still collect from me at some time in the future?
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Question 2: Flip side of that question. A tenant of mine, who signed the lease *before* he declared BK7, never added me to his list of Creditors, so I was not "properly" listed at the time his BK7 closed (last February, as I recall).
I have a Small Claims court appearance on Monday, September 1, where the judge has requested that I submit case law that would allow the judge to go ahead and finalize his judgment for around $2100 in damages (I will never get a penny - I just want it on the tenant's record).
I went to the court law library, but even with my "grocery store magnifying glasses", I could not read the legal reference books at all (Collier?)
Can anyone point me to an online reference (free?) that discusses the exceptions related to "debts were were not properly listed by the debtor" with appropriate case law citations?
Due to the stay order, the judge never actually completed his judgment (the judge was literally writing the amount, when the defendant mentioned he couldn't afford to pay it due to his bankruptcy that was filed before this trial!)
So, the almost-judgment was *not* prior to the closing of the BK7.
Thanks for any research pointers! I've spent all of my time researching foreclosure laws to not lose my home!
The one that I have two questions about is:
g. Some debts which were not properly listed by the debtor;
Question 1: My BK attorney was a disaster (the court held a 329? hearing against him and made him pay me back his fees!) and he failed to correct the mailing address of former tenants who had a minor judgment against me listed in the BK.
Since they did not receive notice, could they still collect from me at some time in the future?
-------------------------
Question 2: Flip side of that question. A tenant of mine, who signed the lease *before* he declared BK7, never added me to his list of Creditors, so I was not "properly" listed at the time his BK7 closed (last February, as I recall).
I have a Small Claims court appearance on Monday, September 1, where the judge has requested that I submit case law that would allow the judge to go ahead and finalize his judgment for around $2100 in damages (I will never get a penny - I just want it on the tenant's record).
I went to the court law library, but even with my "grocery store magnifying glasses", I could not read the legal reference books at all (Collier?)
Can anyone point me to an online reference (free?) that discusses the exceptions related to "debts were were not properly listed by the debtor" with appropriate case law citations?
Due to the stay order, the judge never actually completed his judgment (the judge was literally writing the amount, when the defendant mentioned he couldn't afford to pay it due to his bankruptcy that was filed before this trial!)
So, the almost-judgment was *not* prior to the closing of the BK7.
Thanks for any research pointers! I've spent all of my time researching foreclosure laws to not lose my home!
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