Question Help after discharge

[dfoens]

I have been discharged however my BK Chpt 7 is still open due to a pending auto accident. I have received some calls from a collection agency that I know my atty listed in the sch F. I went back through the sch F to make sure and noticed that some creditors were not listed. She also either listed the collection company or the creditor on some of them. It was one or the other not both.

I had given the attorney a HUGE binder with all my bills, credit report etc..... we correspondence back and forth for a few months providing her addresses and other information relative to the creditors. I know she was aware of them... at any rate I digress.

I notified her that she had left some off and questioned why she chose to list one or the other on some of the others. She emailed back and stated I was wrong blah blah blah and that she does not have to list both the creditor and the collection agency listing one was good enough. She also stated that since I was adding new creditors (I wasn't she had forgotten them) that we needed to file a motion to vacate and if approved by the court then we would file an amendment.

Can any one tell me if this is correct should I listen to her? What should I do? My thought is that since it is still open to just file the amendment. The trustee may set another 341 to allow the missed creditors time to file a claim. But that is what I am thing.

Your thoughts!!!!

[frogger]

Are you a Chapter 7 asset or Chapter 7 no asset case?

[dfoens]

Chapter 7 no asset - approved no asset.

[keepmine]

I have been discharged however my BK Chpt 7 is still open due to a pending auto accident.

You need to explain this sentence. If you're the plantiff and are going to receive a settlement. you're an asset case.

[dfoens]

Ok then I am an asset case. I am trying to get help. Sorry I did not explain it correctly. I need help with my situation.

[dfoens]

Sorry I did not state that I am the Plaintiff in the auto accident. Also, I was under the impression that since I had no "assets" I was a no asset case. Apparently, I was wrong. Thank you all for your corrections.

[despritfreya]

She emailed back and stated. . . that she does not have to list both the creditor and the collection agency listing one was good enough. . .

Technically she is correct. Notice to the agent (collector) is notice to the principal (lender/original creditor) and visa-versa. The problem is you do not know if the collector actually bought the paper and the creditor is no longer owed the $$. If the paper was sold and you failed to list the collector who bought it, then the actual creditor has not been notified of the bk. In an asset case a forgotten/unlisted creditor who has no notice of the bk is not bound by the discharge. So, you need to check to make sure each collector was simply a representative of the actual creditor and that the actual creditor was properly listed. (Hope that made sense.)

She also stated that since I was adding new creditors (I wasn't she had forgotten them) that we needed to file a motion to vacate and if approved by the court then we would file an amendment.

A “motion to vacate” what. . . you discharge?

Did the Trustee issue a claims bar date, telling creditors that they had to file a claim by a date certain? If so, has that date passed? If it has, I am not sure if you can do as suggested as such would be prejudicial to the creditors who timely filed claims (their % of recovery would be reduced by allowing for a new bar date). You need to discuss this problem with your attny to make sure vacating the discharge and getting a new bar date will work.

Des.