Legal Question in Bankruptcy in California

Discharged Bankruptcy

I had a personal chpt 7 BK in 2004. I was advised not to list a prom note as it was from my corporation not personal. Now the holder of the note is suing me personally and the corporation. Can a debt that existed prior to the BK still be discharged even if it was not listed at the time of BK filling?


Asked on 5/28/08, 1:50 am

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

Re: Discharged Bankruptcy

If your prior case was a no-asset 7 and your obligation (if any) on the Note existed prior to filing your Chapter 7, then it was already discharged even if you didn't list it. However, if the debt was based on fraud, they could seek to reopen your case to object to the discharge of the debt.

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Answered on 5/28/08, 2:24 am


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