QUESTION
iIf I have been discharged from a chapter7, can I add some more creditors to my file or can I give them my old case number?
Asked on Oct 03rd, 2012 on Bankruptcy - New Jersey
More details to this question:
I have filed chapter 7 and I have been discharged in July. I have some more creditor can I use my old case number or what can I do to stop them from calling n harassing me?
15 ANSWERS
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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I have filed chapter 7 and I have been discharged in July. I have some more creditor can I use my old case number or what can I do to stop them from calling n harassing me? You may be able to re-open your case to include those creditors who were left off, but that is a time sensitive issue - then and only then would those creditors be required to cease and desist from contacting you further.
Answered on Jun 27th, 2013 at 1:03 AM
If your case was a no asset case, that is, a case in which had the creditors you forgot to name and notify would have received nothing anyway, they are bound by the discharge once you give them written notice. Some of them will argue with you and tell you that if you did not name them, they can still sue you. My advice to you is to tell them to go ahead and do that and find out what happens. If your case was one in which the unsecured creditors would have received money, then you are liable to them for the amount that they would have received had you notified them and they had filed a timely claim. What you should do depends on your objective. If you want your credit report cleared up, that may never happen. Persistence and threats may be necessary and even that may not solve all your problems. If you just want the calls to stop, tell them what I told you in the first paragraph. In addition even if you did owe money, you can make a collection agency stop calling you (though this will not work against the original creditor's inside collection department) by writing an old fashioned letter (and keep a copy) and use the magic words "this debt is disputed" and "cease and desist from any further contact regarding this alleged debt". If the calls persist even after you do what is recommended above, you will want to consult an attorney about further action. When they start having to write checks to you, then they will usually get the message.
Answered on Oct 08th, 2012 at 1:51 PM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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In a no asset Ch. 7, if a pre-petition debt could be discharge, it IS discharged, whether or not it was listed.
Answered on Oct 07th, 2012 at 11:48 PM
Without knowing when those debts were incurred, it is hard to answer this question. If the debts pre-exist the filing of the bankruptcy, sending them a copy of your Notice and Discharge may convince them to leave you alone. If not you can reopen your old case, add them in, and let it close again (since not too much time has gone by) If they were incurred after you filed, you owe the money and sending them your old case # will do no good.
Answered on Oct 07th, 2012 at 11:55 AM
Daniel James Wilson
IF the debt was incurred pre-petition, and IF your case was a no asset case, unsecured debts not scheduled in the case are still discharged. Some debtors know this; some don't. If the above requirements are met try sending creditors the Notice of Meeting of Creditors and the Order of Discharge.
Answered on Oct 07th, 2012 at 10:22 AM
Bankruptcy Attorney serving Columbus, OH
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The Needleman Law Office
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Send the creditors the first 3 pages of your petition and a copy of the discharge.
Answered on Oct 04th, 2012 at 3:42 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Hopefully you are represented by an attorney - ask them. If you are not represented, then it depends on: 1) Whether you knew about the debt before filing and purposely left it off your documents - no 2) Whether the debt was incurred after filing - no 3) Whether your case is an asset case maybe, but you need to amend immediately before the end of the proof of claim deadline.
Answered on Oct 04th, 2012 at 1:00 PM
If your case was a "no asset" bankruptcy, meaning that no money was taken & distributed to your creditors, the unlisted creditors are considered to be included in your bankruptcy under the case "In Re Beezely." Send the creditors a copy of your bankruptcy discharge & they ought to leave you alone.
Answered on Oct 04th, 2012 at 1:00 PM
If the creditors were from debts incurred prior to the filing of your bankruptcy, then just give them your case number. if you incurred the debt after your bankruptcy case was filed, even the day after, you cannot include them and they are not subject to the bankruptcy discharge.
Answered on Oct 04th, 2012 at 1:00 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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When you filed you were required to list all of your creditors. Your debt as to those you listed has been discharged. Debt as to creditors you have not listed is not discharged, and you cannot file bkr again for about 7 years.
Answered on Oct 04th, 2012 at 12:58 PM
The discharge you received only eliminates dischargeable claims that existed on the day you filed for bankruptcy. Any debts you racked up since then are not subject to the discharge. And you cannot file again for seven years. So, you need to deal with these creditors until you reach a settlement with them or pay off the debt.
Answered on Oct 04th, 2012 at 12:57 PM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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It depends. Assuming that your filed your case in California (or any other State in the 9th Circuit (western states) and your case as a "No Asset" case and you received your discharge in Chapter 7, the debts owed to creditors who were not listed on your bankruptcy are covered by the discharge. (Note: the law is not consistent throughout the country; if you filed and received your discharge in a State in another Circuit, the law could be different.) There is an exception: If a creditor has a valid claim for nondischargeability of the debt owed to them, and the creditor was not listed in your bankruptcy, the discharge does not include their claim. Assuming that the debt is dischargeable, you should mail a copy of the discharge order to the creditor(s). If, after you notified the creditor, they persist in their efforts to collect the discharged debt, you should notify your attorney.
Answered on Oct 04th, 2012 at 12:57 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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If they weren't listed on the Petition and your case has been discharged, then you still owe that debt and will have to pay it back. This is why making sure that the Petition is filled out completely and accurately is essential to a proper Chapter 7 filing. Unfortunately, that didn't get done in your case, apparently.
Answered on Oct 04th, 2012 at 12:56 PM
William H. Von Willer
You may be required to reopen your case and add the omitted debts. In the Northern District of Indiana you do not have to reopen if your case was a no asset case.
Answered on Oct 04th, 2012 at 12:55 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Depends on your state, and when you incurred the debts. If they were pre petition debts, and you were a no asset case, new jersey law says they are discharged notice or not.
Answered on Oct 04th, 2012 at 12:54 PM