QUESTION
Can creditors come after me after a bankruptcy discharge?
Asked on Oct 30th, 2011 on Bankruptcy - Colorado
More details to this question:
I had a BK Discharge in 2010 and now I have a creditor claiming I owe $1,555 on a apartment from back in 2000. I did not know I had this. Can they come after me?
19 ANSWERS
Stephen M. Goldfarb
See if the creditor was listed in your bankruptcy. If it was, remind them of the penalties for pursuing a discharged debt.
Answered on Nov 02nd, 2011 at 11:13 PM
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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Check the applicable STATUTE OF LIMITATIONS in your state. In South Carolina, the SOL is generally 3 years as to something of that nature. If your facts are correct, that creditor can neither sue you NOR report it any longer on your credit, either.
Answered on Nov 02nd, 2011 at 9:49 AM
Consumer Bankruptcy Attorney serving Worcester, MA
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Law Offices of James Wingfield
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If the creditor had notice of the bankruptcy case, then the Creditor cannot seek payment from you after the discharge. However, if they did not have notice of the case (and they would only get notice if you listed the debt in your schedules and the creditor in your mailing matrix), then they are free to pursue you to collect the debt. You will likely need to reopen your case and amend your schedules to avoid the debt.
Answered on Nov 02nd, 2011 at 9:13 AM
Debtor's Rights Attorney serving Atlanta, GA
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Theodore N. Stapleton, P.C.
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No, they are in violation of the bankruptcy discharge.
Answered on Nov 01st, 2011 at 9:39 PM
If you did not list them as a creditor when you filed for bankruptcy, or list this debt as one of the debts you had when you filed for bankruptcy, then you still owe this debt. This is why it is extremely important that when you file for bankruptcy you list every single debt you have and every potential creditor. If the creditor can show that you had notice of this debt, then you will unfortunately still have to pay off this debt even though you were granted a bankruptcy discharge in 2010.
Answered on Nov 01st, 2011 at 8:57 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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They can if they were not included in the bankruptcy in the first place. The good news is that they can be added even after your bankruptcy case is closed.
Answered on Nov 01st, 2011 at 7:54 PM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
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Gregory J. Wald
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If you had a "no asset" chapter 7 case, then the period of time for adding a debt to your bankruptcy never expires as long as you did not intentionally omit it from your bankruptcy schedules. Also, the statute of limitations to sue you for this debt may have expired.
Answered on Nov 01st, 2011 at 4:20 PM
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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Yes they can, because you failed to include them in your petition and, as a result, that particular debt was not discharged.
Answered on Nov 01st, 2011 at 3:08 PM
Family Law Attorney serving Indio, CA
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Law Office of Xochitl A. Quezada
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If that debt was included in the bankruptcy, then they cannot come after you.
Answered on Nov 01st, 2011 at 1:49 PM
If you had a no-asset case, it is a violation of the automatic stay and discharge.
Answered on Nov 01st, 2011 at 1:30 PM
Glen Edward Ashman
I assume you left them out. The answer varies by court. See your lawyer from your case. If you made the mistake of not having counsel, see one now.
Answered on Nov 01st, 2011 at 11:11 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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If you have a no-asset bankruptcy you are not liable for an inadvertently omitted debt. However, you may want to consider trying to negotiate a resolution to avoid legal action. One possibility is to re-open the case and file an adversary proceeding to determine dischargeability of a debt. This will cost several thousand dollars in all likelihood.
Answered on Nov 01st, 2011 at 10:38 AM
Bankruptcy Chapter 11 Attorney serving Dacula, GA
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Chronister Law Firm, LLC
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From the information you have provided; no. There are three items of interest in this issue: 1. If you included the creditor in your bankruptcy, send them a copy of your discharge order and tell them that further contact with you can expose them to sanctions by the bankruptcy court. 2. If you did not include the creditor in your bankruptcy, but you did so inadvertently and you received a "no distribution" discharge, then the creditor is not harmed by your failure to list them since no funds were available to any of your unsecured creditors. 3. The statute of limitations in Georgia for contract law is 6 years. This means that if your last transaction with the apartment was more than 6 years ago and a law suit has not been filed against you, they would be barred from coming after you.
Answered on Nov 01st, 2011 at 10:27 AM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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The short answer is: depends. Your Bankruptcy Discharge should protect you if you listed that debt. If you did not list that debt, whether it is discharged depends on whether you had no unexempt assets in your case. So, if you did not have any unexempt assets in your case, that debt, even if unlisted, was discharged as well. Some creditors do not understand this and you may need to pay for an hour or so of work from a reputable attorney to prepare a letter to the creditor and a document for the Court, if any, explaining the case law that states that the foregoing is the law. If the creditor does not stop bothering you, you may need to hire an attorney to sue for violation of the discharge injunction and to recover whatever you pay such attorney in fees and costs.
Answered on Nov 01st, 2011 at 9:39 AM
Bankruptcy & Debt Attorney serving Longmont, CO
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William Edward Zurinskas
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In Colorado, even unlisted debts can be disharged if your case was a no asset case. Also, in Colorado the statute of limitations for back rent is 6 years from the date of last payment.
Answered on Nov 01st, 2011 at 9:37 AM
2 Awards
If you didn't list them in the bankruptcy, then technically they can. You can seek to reopen your case, add them as a creditor and get the discharge to apply to them. However, that may cost you as much as you owe them.
Answered on Nov 01st, 2011 at 9:37 AM
They probably cannot. It will depend upon whether or not your bankruptcy was a "No Asset" case. If it was a no asset case here in Colorado, their claim would have been discharged, even if you inadvertently failed to list them in your schedules of creditors. If it was an asset case, however, the answer may be different. Please review your paperwork to determine whether any of your creditors received anything from your case. If so, you should probably contact your attorney to determine how to deal with the claim.
Answered on Nov 01st, 2011 at 8:32 AM
judith runyon
No, you should show them your notice of discharge.
Answered on Nov 01st, 2011 at 8:29 AM
Daniel James Wilson
I assume you filed a Ch 7 and failed to list this debtor. If your case was a no-assets Ch 7, that is you had no non-exempt assets that you turned over to the Trustee, the debt is discharged even if they were not noticed. If the creditor sues you have a defense. Still a hassle. This kind of debt is generally purchased by real bottom-feeders. They probably paid pennies on the dollar. You might offer a settlement, say perhaps 10%.
Answered on Nov 01st, 2011 at 8:15 AM