Legal Question in Bankruptcy in Oregon

Paralegal fails to schedule debt

This is why people should ALWAYS retain a lawyer to file bankruptcy - not a "paralegal."This person committed a criminal offense bydoing this "for" you.

Fortunately, most courts agree that where thereare no assets in a chapter 7 case, debts thatare unscheduled but otherwise dischargeableare nonetheless discharged. However, procedures vary. Some courts require you to move to reopen the case to add the debt, whileothers say that nothing needs to be done and the debt is simply discharged.

You should see an experienced bankruptcy lawyer in your community to go over the bankruptcy, do what has to be done to get theomitted debt discharged (if anything), and make sure that there are no other problemswith the case. Meanwhile, you should contactyour local prosecutor or your state bar to have unauthorized practice of law charges filed against the "paralegal."

Ooops! Forgot one creditor

All you need to do is file a motion for leave to amend your schedules and with it include all your schedules with the omitted debt added. If the bankruptcy is closed, you may file an additional motion to re-open the bankruptcy to amend the schedules. You may want to hire a lawyer to take care of that since the paralegal screwed it up in the first place.

==========================================================If applicable to this message: "This transmission does not create an attorney-client relationship. I will not be rep-resenting anyone without a written agreement signed by all parties. Answers to questions are for general information only and should not be construed as legal advice in any particular jurisdiction. If you need legal advice for a specific legal problem seek the services of a knowledgable attorney in your area or locale."===========================================================Where people fear the government, you have tyranny. Where the government fears the people, you have liberty. Thomas Jefferson===========================================================

Paralegal "forgot" a debt

The bankruptcy case should be reopened and amended schedules should be filed listing "forgotton" creditor. Notice will have to be given. You should consult with a lawyer.

add debt left off the bankruptcy

1. always use an attorney2. If you went chapter 7 you may not have to reopen as all dischargable debts are discharged and you only need to amend the schedule3. Motion of amend if still open, or motion to reopen and amend if not still open.4. See an attorney!5. See an attorney!6. Please see an attorney.

This transmission is not legal advice, nor does it imply an attorney client relationship. It is always my opinion that consultation with an attorney after setting out all the facts is the only proper way to receive legal advice.