Legal Question in Bankruptcy in New York

Can a bankruptcy be reopened to add an old creditor?

I filed a Chapter 7 that was discharged in 2003. At that time I didn't know that there was a judgement against me from 1999. The plaintiff claims that they served my employer in 1999. I stopped working at that agency in 1997. I was able to get the judgement vacated in 2006, after they froze my bank accounts. Can my chapter 7 be re-opened to add this creditor since I had no knowledge of them or the debt before I filed the Chapter 7? They were able to get another judgement and froze my accounts again about 2 weeks ago. What can I do. This debt is from 1998.


Asked on 3/03/08, 9:53 am

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: Can a bankruptcy be reopened to add an old creditor?

If the bankruptcy law hadn't changed dramatically in 2005, two years after your case was discharged, the answer to your question would be easy. However, with the massive change in the law since your case was in the system, I have many questions that must be answered before I can answer yours.

If you had an attorney handle your matter in 2003, contact him or her with your question. If not, and if you live reasonably close to New York's Capital District, you're welcome to give my office a call to set up an appointment for a free half-hour consultation. If you're far away from the Albany/Schenectady/Troy/Saratoga area, you should contact an attorney who is local to you (referrals may be available through the NYS Bar Association, www.nysba.org or through your county's bar association). Geography is important in this instance because you must physically come to the office for this consultation.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 3/03/08, 10:35 am


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