Legal Question in Bankruptcy in Indiana

Re: out standing debt after discharged bankruptcy

If you didn't list those debts on your petition and he DID list them on his petition, then you are probably screwed because his obligation on them was discharged but yours was not.

You can pay them in full, dodge them or try to work out a settlement.

Re: out standing debt after discharged bankruptcy

You can still discharges these debts. But to do so, you have to file a motion with the court to re-open your case and file amended schedules. I assume the case was considered a "no-asset" case (the typical Chapter 7). These are fairly routine matters, but still, it would be sensible for you to hire a lawyer to do this. Make sure the lawyer knows the procedure for this. Good luck.

Re: out standing debt after discharged bankruptcy

Notwithstanding the advice you may have received, the bankruptcy Court will NOT allow you to reopen the bankruptcy to discharge omitted prior debts.

However, all is not without hope as the 7th Circuit has held that these debts are in fact discharged even though the particular creditors were not listed. Unfortunately, most creditors are not up to speed on the decision and it is difficult to convince them to leave you alone or not report the debt to a collection agency. Often it requires counsel to threaten suit to clear the debt.