Legal Question in Bankruptcy in California
If a particular crediter isn't specifically named in a bankruptcy, but the bill is from a period of time prior to the bankruptcy, is it still discharged under the bankruptcy?
2 Answers from Attorneys
Yes. If the case is finished and the debtor already received a discharge, the debtor may need to bring a motion to reopen the case to get the discharge. If the case is still open, the debtor can amend the schedules to add the omitted debt.
As a practical matter, many creditors will simply write off the debt, rather than making the debtor go back to court to reopen the case.
Yes. If a debt is inadvertantly omitted from the filing, but had it been listed it would have been discharged, it is discharged despite not having been listed. The case is In Re. Beezley, 994 F.2d 1433, 1434 (9th Cir.1993)
Related Questions & Answers
-
A bankruptcy service filed documents incorrectly for me. Do I have any recourse... Asked 6/09/11, 10:29 am in United States California Bankruptcy Law
-
Does a chapter 13 filing stop a sheriff 5 days to vacate notice Asked 6/07/11, 7:37 pm in United States California Bankruptcy Law
-
How long does it take employees to collect back wages after a company files for... Asked 5/23/11, 10:16 pm in United States California Bankruptcy Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
