Legal Question in Bankruptcy in California
Debt not covered
My husband and I filed a bankruptcy chapter 7 a few years ago. I did not include a personal debt because it was a joint credit card where I was not the primary card holder, is there a way to add this debt later to the filed bankruptcy?
1 Answer from Attorneys
Re: Debt not covered
The law is that debts that you forgot to list that accrued before you filed the bankruptcy would have been discharged as well. If the creditor is still bothering you to collect the debt, you might send them a letter explaining that the debt was discharged and including a copy of your notice of discharge. Additionally, most likely the statute of limitation for collection has long since run on the debt, and they might be violating the Fair Debt Collection Practices Act by attempting to collect long after it became uncollectible. If your letter doesn't help, talk to a lawyer in your area. Good luck to you.
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