QUESTION

Iam a family member creditor ..and i have been receiving payments on a debt filed on a bankruptcy. now they stopped paying.

Asked on Apr 30th, 2013 on Bankruptcy - Virginia
More details to this question:
They filed bankruptcy in 2011 and never told me they did it on money I took off 2 different credit cards. And I was just told that they filed it under there bankruptcy in2011 .and they don't have to pay me. What is my recourse?
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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That depends on which chapter of bankruptcy was filed, whether any assets were distributed by the Trustee (if a Chapter 7 case) and what the laws are governing unlisted creditors in the jurisdiction where the case was filed. If this was a No-Asset Chapter 7 case, in many jurisdictions the failure to list a creditor is of no consequence and the debt is discharged unless the creditor has a basis to object to the discharge (such as fraud). I don't know what the courts in Virginia hold in that regard (assuming this was a Chapter 7 case), so you would need to consult with a bankruptcy attorney there for that information. If it was a Chapter 13 case and you were not listed, then the debt was not discharged and you can, once the case is closed, seek to collect. The fact that payments were made to you after the bankruptcy case was filed doesn't really mean anything. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  
Answered on May 01st, 2013 at 12:20 AM

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