Legal Question in Bankruptcy in Illinois

attorney mistake

Last year I had asked about what I could do since my attorney was at fault re:forgetting to add an amendment to my bankruptcy back in 2002. I was told there was a law that discharged all debt regardless if was listed or not. Could you please tell me what law that is and explain it to me? Thank you very much,

Kimberly


Asked on 1/17/05, 9:32 pm

1 Answer from Attorneys
Kevin Plachta The Law Office of Kevin F. Plachta

Re: attorney mistake

To the best of my knowledge there is no such law. All of your debts must be listed on the bankruptcy to be legally discharged.

However, if the bill in question is a small one and one that is not with a secured creditor then in most cases the creditor will take it upon themselves to write the account off to bankruptcy.

If the debt in question is large and or is a secured debt then the credtior in most cases will not just write it off because they were not given the chance to file any objections or motions during your bankruptcy.

My advice to you is to go see the attorney who handled this for you in the first place

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Answered on 1/22/05, 8:34 am


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