Legal Question in Bankruptcy in Georgia

unlisted loan still discharged?

I have a contract and prommisory note signed in 1996 that the buyer paid regularly on until 2003 and then quit paying altogether leaving 10,000 owing. He filed Chap. 7 bankruptcy but never contacted me and didn't list me in his 'list' of creditors. I just recently located him and found out about the Chap. 7 filing. He had all my contact information and could easily have listed me and notified me of his intent but didn't. I feel I should at least have been notified. Is there any chance I could still sue for payment?


Asked on 11/04/06, 9:21 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: unlisted loan still discharged?

To cut & paste the answer given to the same question this morning--

You'll have to see a lawyer for specific information. However, generally, creditors who have actual knowledge of the bankruptcy case are not provided too much slack. In fact, a creditor may even lose out on any distribution from the Bankruptcy estate if he/she does not file a proof of claim by the deadline. We do not know the status of the BR case, but federal law prohibits the pursuit of a discharged debt and provides for damages if it is attempted. It is not something you want to test without a solid legal opinion.

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Answered on 11/04/06, 9:26 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: unlisted loan still discharged?

In addition to Scott's excellent answer if the debt dates to 1996, you may have let the statute of limitations run on being able to sue irrespective of a bankruptcy.

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Answered on 11/04/06, 10:00 am


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