Legal Question in Bankruptcy in California

Omitted Bankruptcy debts

In 1988, I filed a chapter 7 bankruptcy in the state of California. After preliminary discussions with my attorney, another debt came up that hadn't been listed. I asked him about it and he said we could include it if I would pay him an additional cost. Of course, I didn't have the money, and he didn't list it. Since then, I have heard mention of some type of law that stated that since I owed that debt, even though it wasn't listed, it should be considered discharged since there were no assets involved in the proceedings. Is there any truth to that?


Asked on 2/11/98, 1:28 pm

2 Answers from Attorneys

Mark Markus Law Office of Mark J. Markus

Omitted Bankruptcy Debts

Yes, that is the law in the ninth circuit if your case was a no asset case. However, that creditor would have grounds for getting additional time to object to the discharge of that debt should he have facts that would allow it.

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Answered on 2/12/98, 11:38 am
Patrick A. T. West Ohio Ticket Defense Patrick A. T. West, Attorney at Law

Unscheduled unsecured debt

As long as the debt was unsecured and nototherwise non-dischargeable, the debt isdischarged because notice to the creditorwould not have put the creditor in any betterposition that it is not having been notifiedof the filing.

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Answered on 2/15/98, 4:33 pm


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