Legal Question in Bankruptcy in California

Reopen Closed Bankruptcy Case to Add Debt?

I filed for a Chp. 7 in January of 2005 and it was discharged on 2/01/05. At the same time I was involved in a dispute with my landlord over repairs and was withholding rent. However I did not want to run the risk of getting kicked out (with notice of an impending bankruptcy) and I also thought the problem would get solved amicably (it didn't); therefore I only included her on my Schedule B [sec. deposit] and Schedule G as an unexpired lease and not anywhere else. Now months later she has sued and won a judgment against me for past rents owed to her for Dec. 2003 to Jan. 2005. I would like to reopen my case and include this debt/judgment. (1) If she was listed on the Schedule G was she, in fact already ''included'' in this bankruptcy and do I even need to re-open my case at all? (2) Is this something the court would likely approve for discharge?


Asked on 9/08/05, 8:50 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Reopen Closed Bankruptcy Case to Add Debt?

In no asset Chapter 7 cases, omitted debts are generally discharged along with those included. You might file a notice of discharge with the court that issued judgment along with the notice of discharge, and notify the landlord's attorney in writing that the debt was discharged in bankruptcy.

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Answered on 9/08/05, 9:21 pm


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