Legal Question in Bankruptcy in Utah

Am I responsible for bills I didn't know about when I filed?

I filed a chapter 7 in June 2003 and received a discharge in September 2003. I received, in March 2004, a collection notice from a dentist for services for my son in October of 1996! The collector says that since I didn't have the dentist listed on the bankruptcy forms, that they can still collect from me. I was not aware of the bill, nor do I remember ever being sent a bill in this amount. My mailing address was the same (as on the date of service) until May of 2000, at which time I put in a change of address with the post office. I pulled a credit report in May of 2003 shortly before I filed, and this dentist was not on it. This dentist is also billing me for a large amount of money that I am contesting, (my son had his teeth cleaned and they are billing me $800+)but that is a different problem. If I was not aware of the bill when I listed my creditors, am I responsible for the bill now? I don't have the money to pay this and am just barely starting to get on top of things again. This will ruin everything


Asked on 5/26/04, 7:28 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Am I responsible for bills I didn't know about when I filed?

Generally one can reopen the bankruptcy and name this creditor, cost is about $20. Then they will be included, even tho it is after the bankrupcty. You can also tell the collection agency or the dentist that the statute of limitations has run on the debt and they cannot collect it. If they take any action or file suit, you can so advise the court.

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Answered on 5/26/04, 9:48 pm


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