Legal Question in Bankruptcy in California

I was wondering if a creditor that was not listed in my Chapter 7 is still considered discharged, or not. I also need to know if medical liens from a personal injury case are allowed to be discharged. Thanks.


Asked on 2/07/11, 5:51 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

To begin with, you are required to list all of your debts in a bankruptcy petition. Sometimes, people forget about some debts. That is why it's wise to pull a free credit report to see what's listed on it, and include those debts in the bankruptcy. Sometimes, debtors think they can omit some debts if they want to use the credit card in the future. That is improper.

In your situation, if it's a no-asset Chapter 7, and the omission was an innocent mistake, that pre-petition debt is included in the discharge. If they're trying to collect, you should send them a copy of the discharge along with a letter explaining that the debt is discharged, along with all of your other unsecured debts.

As for the medical liens, you should seek legal advice from your personal injury attorney. Make sure to list the personal injury settlement or judgment as an asset of your bankruptcy estate.

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Answered on 2/07/11, 6:24 pm


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