QUESTION

What happens when a creditor is not listed?

Asked on May 14th, 2014 on Bankruptcy - Colorado
More details to this question:
The paperwork was prepared by another person and they left out a creditor. My bankruptcy was filed 8 years ago and has since been discharged. My credit report now does not show that creditor but it still shows that I have a balance to settle with them.
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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It depends on which bankruptcy chapter you filed and whether any assets were distributed.  You didn't provide any of that basic information, so it's very difficult to answer your question. If this was a Chapter 7 case and no assets were disbursed by the Trustee, then you were discharged from the debt even though the creditor was not listed.  Of course, if the creditor has a basis to object to the discharge of your debt (e.g. fraud), then they can still seek to reopen your bankruptcy case to litigate that, but otherwise the case law states that the debt was discharged and they cannot take any collection actions against you.  
Answered on May 14th, 2014 at 3:02 PM

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