Legal Question in Bankruptcy in California

Amending a Discharged Bankruptcy

In 2006 my bankruptcy case was discharged. Today I was served a civil complaint suing me for a complaint that was originally filed in 2004, but was dismissed because the plaintiff didn't show up because we made a settlement and I paid the settlement amount. However, he also filed an insurance claim, which was paid and now the insurance company is coming after me, standing in the original plaintiff's shoes, for the total amount of the original case before we settled. Is this claim covered in my original bankruptcy case, even tho I didn't list it? Or do I need to reopen and amend my original bankruptcy to include this new civil case against me?


Asked on 7/05/07, 5:19 pm

1 Answer from Attorneys
Charles Shamash Caceres & Shamash, LLP

Re: Amending a Discharged Bankruptcy

Did you keep your paperwork, and get a release? Although your case was discharged in 2006, when was it filed? Was alchohol involved in the accident? Was it a "no-asset" case?

Depending on responses to those questions, a little research and a simple letter may suffice. Claim may be covered, even though not listed.

Good Luck, welcome to contact me.

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Answered on 7/05/07, 6:49 pm


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