Legal Question in Bankruptcy in California
re-opening a bankruptcy
I hold a judgement against a party who did not list me as a creditor in his bankruptcy, so that dept was not discharged. What is the smallest amount for which it would be economical to re-open a bankruptcy in order to get one additional debt discharged (in a metropolitan area of California) ?
2 Answers from Attorneys
It can be for any amount
I suppose it depends on what his lawyer is going to charge him to do it. you should be aware that if you knew of the bankruptcy case, even though you were not listed, in all likelihood the court will consider your judgment discharged.
Re-Opening a Bankruptcy
I assume you're asking what the attorneys fees would be to re-open a case and that varies from attorney to attorney. In all likelihood, however, if this was a no asset chapter 7 case, your debt is discharged regardless of whether you were scheduled or not. However, if you have a basis for seeking nondischargeability (e.g. fraud) then you may have grounds to reopen the case to file a complaint against the debtor.
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