Legal Question in Bankruptcy in California

Debts unintentionelly omited from a bankruptcy petition

our B.K. was final in Dec. 1998. A pest controll company was inadvertintely omited from our petition. They tried to collect in 1999 and our attorney informed them it was included by ''intention''. Collection efforts stopped until we examined our credit report and found the open collection. They refuse to remove the debt. Are we correct and if so, what code covers this. I must submit proof to get them off my back and to re-establish my credit. Thank you in advance for your assistance! You are greatly appriceated! CW


Asked on 6/13/02, 1:25 am

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Debts unintentionelly omited from a bankruptcy petition

Well, it partially depends on what chapter you filed and whether you received a discharge. If you did, and it was a no-asset Ch. 7 case, then you were discharged from that debt, and the pest control company is in violation of 11 USC 524 and you can bring a contempt of court proceeding against them. I'm not sure which code section you are looking for, as I am unclear on their position, the information on your bk case, etc. The case they should look at is In re Beezley, 994 F.2d 1433 (9th Cir. 1993) regarding dischargeability of unscheduled claims.

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Answered on 6/13/02, 1:37 am


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