Legal Question in Bankruptcy in Ohio

Re: trying to collect on a discharged debt

You must prove the discharge by contacting the bankruptcy court, and getting certified copies of your petition, and the discharge order. If they continue to contact you after receiving this information, you have an action against them.

Re: trying to collect on a discharged debt

If no assets were taken from you during the bankruptcy, (called a "no asset case") then you can write a letter to the creditor citing ZIRNHELT v MADAJ wich can be found at

http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&case=/data2/circs/6th/980211p.html

which states that the bankruptcy case does not have to re-opened to has a non-listed debt discharged. So even if you did not list them 11 years ago you do not owe them. This case is from the 6th Federal Circuit, which covers Ohio and many other states in the region.

If the Trustee in your bankruptcy did take an asset away from you 11 years ago, and you did not list the creditor, you would still owe them. The reasoning behind this is that a unlisted creditor was not allowed to participate in your bankruptcy case and therefore did not get some of the proceeds from the sale of your asset.

I hope this helps.