QUESTION
Can creditors sue me because they weren't listed?
Asked on Mar 10th, 2014 on Bankruptcy - California
More details to this question:
I live in California. I filed for chapter 7 and got a discharge but forgot to list a creditor.
5 ANSWERS
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
Update Your Profile
Yes, because the debt was not discharged unless it was listed on your schedules. You now need to file a motion to reopen your old case to allow you to add the creditor to your schedules.
Answered on Mar 12th, 2014 at 2:19 AM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
It depends. If they would not have received any money you just need to notify them about the bankruptcy.
Answered on Mar 12th, 2014 at 2:18 AM
Debt Relief Attorney serving Anaheim, CA
Partner at
Marlin Branstetter Attorney at Law
If the debt would have been dischargeable if you had listed it and there was no fraud in incurring the debt and there were no assets from which to pay the debt is considered discharged.
Answered on Mar 12th, 2014 at 2:18 AM
A creditor omitted in good faith is still discharged per the Beezley decision.
Answered on Mar 12th, 2014 at 2:17 AM
Bankruptcy Attorney serving Walnut Creek, CA
at
Alan E. Ramos Law Offices
Update Your Profile
In the 9th Circuit (which includes California), if your case was determined to be a no asset case, all claims are discharged, including those that were not listed. The exception to that rule is that claims that could be asserted to be non-dischargeable (fraud, willful and malicious injury, etc.) are not discharged. If, however, the case was an asset case, unlisted debts are not discharged.
Answered on Mar 11th, 2014 at 10:57 AM