Legal Question in Bankruptcy in California
in filed bankruptcy, attorney went off credit report to all debtors, however now a collector, not in Bk, because was not on credit report, is doing levy's on bank accounts, can they do that? this account was way before BK filed, but was not on credit report
2 Answers from Attorneys
No. Inadvertently omitted debts are also discharged. Immediately send a copy of the discharge to the sheriff and the creditor, perhaps by fax and mail. If it has not yet been discharged, amend your schedule F and creditors' list.
As a bankruptcy attorney, I order my clients' credit reports to facilitate the listing of their liabilities. However, credit reports reflect only what creditors convey to the credit bureaus. The reports are not comprehensive and cannot be relied upon as the sole means of listing one's debts. It is incumbent upon the debtor to review all bills and statements and determine with certainty that all debts are listed.
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