Legal Question in Bankruptcy in Georgia

Re: Omission of debt in Ch. 7 Proceeding

While an attorney should certainly include any debts you gave him, you swore under penalty of perjury when you signed that the papers were corect, so making that claim would mean you would be admitting to perjury, a felony.

Additionally, when you went to court, at your 342 meeting, also under penalty of perjury, you swore that you had read your schedules before signing, and that you had listed all your debts and assets. So that could be a second perjury count.

A better recourse, since you were negligent as well, would be to contact the attorney and see if he could get the case reopened to add the creditor. That's in the court's discretion, but it may be possible and the cost would be fairly small.

Re: Omission of debt in Ch. 7 Proceeding

Although Mr. Ashman's answer is correct, there is case law holding that certain debts that were not listed may be discharged even though the creditor was not notified of the bankruptcy case. I would need more information to see if that is the case here. You should contact the attorney who handled your case and ask whether your situation would apply.