We are filing chapter 7 no asset case. as i am getting my info together i have realized that I am missing information on a few old collection accounts, they arent, nor have they ever been, listed on my credit report. how do i go about getting the info? will i be able to , should 2 years down the line a company purchases the debt and decide to pursue me, simply show that the debt occurred before my chapter 7 and be done with it? or is it not that simple. I am fearing the latter.
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I'm doing precisely the same investigation right now.
There is at least in CA a law concerning a 4 year statue of limitations on collections. If you haven't made payments within that period, (and perhaps they haven't tried to collect either) they have no claim. So, if they sued you here, they can forget it.
But I'll be interested to hear the answer on the latter question. My hunch is 'no', that filing BK doesn't protect you in some blanket fashion should you not list the creditor on Schedule F.
I have one old dental bill (I didn't know about) that was never sent to collections, never hit my report. But when I returned to that dentist, they said to bring $300 to cover this old expense. I'm thinking I'll put it into Schedule F.
This is really a pain.
Working on it as we write. Want to file tomorrow. gf -
Let me add, reading your thing again, sounds like you know you owe money to certain people/companies. If you have their name, address, why not contact them or list them without any precise numbers?Comment
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If they are collection accounts where the original creditor is listed on your credit report, then add the original creditor. If you don't know the amount, put $1 or "unknown" as the amount. Don't go crazy over this. In many Districts, a no-asset Chapter 7 actually discharges all debt that you incurred prior to filing your petition. ALL DEBT whether listed or not.
(In others, you may need to file a motion to re-open in order to add missing creditors, should they come about. In my District, they don't even charge the $260 re-opening fee for this, nor for filing a complaint for violation of the discharge injunction.)Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
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Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.Comment
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Not true. This has been an ambiguous question for some time. The fresh new start as defined by Congress is just that. It does NOT give you license to "forget" on purpose a creditor. But if you miss one for reason such as two years of no action, that is forgiven.Originally posted by Goldfish View Post
Here is a link and I emphasize, this is still ambiguous and of course the Ninth Circuit Court has ruled one way but if a small debt is found by the creditor, simply send them a C & D with a copy of your discharge. It worked three times for me as I forgot some VERY old open accounts I did not realize I even had.
'Hub
EDIT: More; http://www.ctb.uscourts.gov/
In her decision, Judge Weil succinctly states that unlisted creditors are subject to the bankruptcy discharge despite the fact that they were not listed, and opening the case to add them is not necessary. Unfortunately, some creditors will not be convinced by simply showing them Judge Weil’s decision. If they are not, court action may be needed, at which time, an attorney should be consulted to insure that the court procedures are handled in the most efficient manner, so as to not further delay the closing
EDIT TWO: http://www.avvo.com/legal-guides/ugc...fter-dischargeLast edited by AngelinaCatHub; 04-20-2010, 06:55 PM.If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.Comment
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