Legal Question in Bankruptcy in Oregon

I filed chapter 7 April 18 2012, my bankruptcy was Discharged 07/25/12 I then received civil papers by the County Sheriff stating that I'm being sued in small claims court by a creditor listed on my Bankruptcy.

Asked on 9/26/12, 10:50 am

2 Answers from Attorneys

Nancy Delain Delain Law Office, PLLC

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You'll have to answer that complaint to avoid the nuisance of a default judgment. However, if the creditor was properly listed in your bankruptcy petition (provide a copy of your bankruptcy petition and of the discharge order with your answer to the complaint), the case in small claims should get dismissed; the bankruptcy court's discharge of the case should have laid to rest all claims that were properly listed in your petition, and the creditor had their chance to contest the discharge while your bankruptcy case was still pending.

The law governing bankruptcy can be found at Title 11 of the United States Code; see http://www.gpo.gov/fdsys/browse/collectionUScode.action?selectedYearFrom=2011&page;.go=Go and scroll down to Title 11.

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Answered on 9/26/12, 11:05 am

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