QUESTION
What can I do about the debts not seen on my credit report?
Asked on Oct 07th, 2013 on Bankruptcy - California
More details to this question:
I filed bankruptcy in 2010. Today I received a call saying I was going to get summon for an account in 2006 which in this case I did not have. This did not come up on my credit report at the time of filing. How do I fix this?
8 ANSWERS
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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File a petition with the bankruptcy court to reopen the case and add this creditor.
Answered on Oct 09th, 2013 at 4:23 AM
William Rhymer
Get all of your information and talk with your bankruptcy lawyer. What will happen depends on the type of case you filed.
Answered on Oct 09th, 2013 at 3:56 AM
It is important to know if you filed a Chapter 7 or Chapter 13 bankruptcy. If it was a Chapter 7, then the debt may be discharged even if you didn't list it, if you did everything possible to list all the debts you knew about. You may want to see an attorney to get some help contacting the creditor to straighten this out.
Answered on Oct 08th, 2013 at 1:06 PM
Review the case of In Re Beezley, 9th Circuit. It says if you had a no asset bankruptcy that the debt not listed is discharged. File a copy of your bankruptcy discharge with your response to this lawsuit.
Answered on Oct 08th, 2013 at 12:20 PM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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Let them know you filed for bk in 2010.
Answered on Oct 08th, 2013 at 11:37 AM
Deborah F. Bowinski
Give the creditor and their attorney your bankruptcy case number and the date it was filed. As long as there is no argument for non-dischargeability they should write off the amount and leave you alone.
Answered on Oct 08th, 2013 at 11:32 AM
2 Awards
You can file a motion to reopen your case to set aside the discharge and list those creditors that were not included in your bankruptcy. You'll need to provide notice and the opportunity to object to the discharge after which the discharge would be reentered and your case closed. Your other option is to try to negotiate with this creditor.
Answered on Oct 08th, 2013 at 11:11 AM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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You didn't provide enough information to answer your question. Was it a Chapter 7 or a Chapter 13? What court was the case filed in? If it was a Chapter 7, were there assets for distribution to the creditors? Did you receive a discharge? If it is a Chapter 13, was your plan confirmed? If so, is it a 3-year or 5-year plan? How much is being paid to creditors (%)?
Answered on Oct 08th, 2013 at 11:05 AM