Legal Question in Bankruptcy in California

can i send a letter to a creditor not listed ( forgot )........

Hello,I filed BK 7 in January 2004 and was discharged in afew months later that year,however i didnt list a creditor ( forgot)and now its now been to court ($300)and its on a 30 day stay i can ask my BK attorney to deal with this but its my fault.Can i write to the creditor and state that ''i filed BK and i forgot to list them'' and call my attorney (i am sure for a fee) and see what he can do, or is there something i can do to discharege this debt, or am i S-O-L ! (sorry!)Thank you


Asked on 12/15/04, 9:53 pm

2 Answers from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: can i send a letter to a creditor not listed ( forgot )........

If it was a no-asset Chapter 7 case, then you don't need to do anything. The debt was discharged. You should provide the creditor with a copy of the bankruptcy discharge order. If they take any further actions you can sue them for contempt of court.

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Answered on 12/15/04, 10:06 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: can i send a letter to a creditor not listed ( forgot )........

You should also send a copy of the discharge to the court that's considering the $300 claim, and inform it that the BK and debt were discharged. The case should then be dismissed. -Robert

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Answered on 12/15/04, 11:31 pm


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