Legal Question in Bankruptcy in Illinois

Debts not included in Chapter 7

If you had a no assets Chapter seven it may not have been neccessary to amend the schedules to include the other debt. If there were assets then you may have a problem. Seek legal advice.

Unlisted debts in a Ch. 7

A debt in a Ch. 7 is discharged (if otherwisedischargeable) unless the debt was not scheduled and the creditor did not know of the bankruptcy in time to file a proof of claim.In no-asset cases (cases where the trusteemakes no distribution to creditors), there isgenerally no deadline set for filing proofs of claim, and notice to the creditor would havemade no difference to the outcome. Accordinglymost (but not all) cases hold that the debtsare discharged unless the failure to schedulewas in bad faith or fraudulent, or unless thecreditor can show that notice would have made a difference. Consult your bankruptcy lawyeron this issue, as jurisdictions do differ.

Addition to Daniel Press's comments

In addition to what Mr. Press so cogently wrote, most bankruptcy courts will permit a debtor to re-open a bankruptcy to amend the schedules of debts and re-notice the creditors, whereafter the heretofore unscheduled debt will be discharged. If your crditor is bugging you for payment, ask whether it will be necessary for you to re-open the bankruptcy and amend the schedules. In all likelihood, the creditor will simply write off the debt.

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