QUESTION

I filed bankruptcy and got a discharge. I'm now being sued in civil court for something that happened during that time. Can I reopen my bankruptcy case to include?

Asked on Jul 11th, 2011 on Bankruptcy - Indiana
More details to this question:
I am being sued civilly for something that happened during the time period I filed for bankruptcy. Had I known that I was going to be sued in civil court, I would have held off on bankruptcy to include the civil case (should I lose it). Can I go back retroactively to include the civil case (if I'm found liable in the civil case) by reopening the bankruptcy? I had no clue at the time that I would be sued in civil court and the case involved is in the timeframe prior to my filing of bankruptcy. My bankruptcy has been discharged for 2 years now and the things I'm being sued civilly for occurred during 2007/2008.
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1 ANSWER

William/J Joanis
You should not have to re-open a bankruptcy case to "include" an omitted creditor if deadline was not established for filing proofs of claim in your case. If your case was a typical "no assets" case, no claim filing deadline would have been set.  The claim of an omitted creditor is discharged if the creditor receives notice in time to file a proof of claim.  If there is no claim filing deadline, the deadline will not have been missed, so anytime the creditor receives notice, is soon enough.  In a recent case in Indiana, In re Mathlon, the debtor wanted to reopen a case so the debtor could obtain a discharge of indebtedness owed to an omitted creditor. The Court noted that since the Chapter 7 Trustee had filed a "no asset report," the indebtedness of the omitted creditor had been discharged, because no claim filing date had ever been established in this case. Therefore the Court held that there was no need to reopen the case in discharge the debt owed to the omitted creditor, and thereof the Court would not even consider the Application to Reopen. [An exception to all of this is where the debt is based on a claim of fraud, larceny, malicious injury, etc., that could have been objected to in the bankruptcy case under sections 523(a)(2),(4) or(6).]
Answered on Aug 10th, 2011 at 7:30 PM

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