Legal Question in Credit and Debt Law in California
My wife had her tuition for school paid from a previous employer. She went to part time, than about 2 years later went to a new employer. Without sending any bills or anything it went straight to a collection agency. During the time she supposidly had this bill we filed bankruptcy. So I guess I really have a couple of questions. First shouldn't this have been on the bankruptcy and is it too late to add it? (The bankruptcy went through 2 years ago) The other question is, shouldn't they have been billing before they sent it to collections?
2 Answers from Attorneys
I had heard that all debts, even those are forgotten to list on the bankruptcy will all be discharged. Check with a BK atty though.
The bankruptcy issue depends on whether you had a no-asset Ch. 7 case. If so, the debt is discharged regardless of whether it was scheduled or ont. If you filed under a different chapter, or it was not a no-asset case, however, you probably need to move to reopen the case and deal with the debt, even if just by amending the schdules.
As for your second question, sure they "should" have billed, but there is no law that they have to.
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