QUESTION

Will they still be included in my discharge?

Asked on Dec 11th, 2012 on Bankruptcy - New Jersey
More details to this question:
I filed bankruptcy and I was discharged on Friday. I received a notice saying that a couple of the addresses were undeliverable.
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9 ANSWERS

Bankruptcy Chapter 7 Attorney serving San Diego, CA at Law Office of Asaph Abrams
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Yes. In bankruptcy, valid noticing to all creditors is required and inadvertently non-noticed parties should be added to the bankruptcy case creditor-list if discovered during the pendency of the case. However, from a practical standpoint and given 9th Circuit (which includes CA) authority that provides for presumptive discharge of otherwise non-contestable debts in a no-asset case notwithstanding lack of notice, then you should be all right, with no need to incur costs to reopen the case and add missing addresses (insofar as you can obtain the addresses). If collection upon the debts in question should occur, provide them with proof of discharge or contact an attorney if the problem persists to consider a "violation of discharge" action. This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon. It creates no attorney-client relationship; it may be pertinent to CA and/or its Southern District Bankruptcy Court only, and it's independent of other answers. It may be time sensitive, as in past the "Use by" date: laws and case law change. Hire legal counsel before acting or refraining from bankruptcy/legal action.
Answered on Dec 14th, 2012 at 8:47 PM

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Apparently you do not have a lawyer. To be certain you are not bothered by these creditors, and to comply with the Court's rules, you should obtain valid addresses for the creditors, resend the Order of discharge to each of them, and submit a sworn statement to the Court identifying the creditors, their present addresses, and that you have sent them copies of the discharge by First Class Mail. You must sign the statement in front of a notary and swear to its accuracy.
Answered on Dec 14th, 2012 at 11:27 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Your question, as asked does not have sufficient detail to allow an answer. Generally, however, creditors who were improperly noticed are not subject to the bankruptcy court order because they have not had their opportunity to defend their claims. It is incumbent upon you as the debtor, seeking to discharge, to provide the correct information to the court.
Answered on Dec 14th, 2012 at 3:12 AM

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Bankruptcy Law Attorney serving Austin, TX at Law Office of Susan G. Taylor
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Yes, if you were a "no-asset" chapter 7, that is, the ch. 7 trustee sold nothing of yours for the creditors. Just give the creditor your case number & day of filing or your "Notice of Bankruptcy."
Answered on Dec 13th, 2012 at 2:23 PM

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Bankruptcy Attorney serving Plantation, FL at Moffa & Breuer, PLLC
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Not if they (these creditors) never received notice of your bankruptcy case. You need to do something.
Answered on Dec 13th, 2012 at 2:03 PM

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Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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They will be but you should ensure that they get the notices at the correct address and file a notice (certificate of service) with the court that you did this.
Answered on Dec 13th, 2012 at 12:07 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Yeah, that happens a lot. Creditors move and if they bother to leave a forwarding address, by the time the bankruptcy is discharged, the forwarding order has expired. You can do an internet search to see if you can find an updated address and resend the discharge notice, but don't stay up nights worrying about it.
Answered on Dec 13th, 2012 at 12:06 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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If you are in NJ, snd you were a no asset case, there is a case in the Bankruptcy Court that states that if those two conditions are met, any debt that you owe whether noticed or not is discharged.
Answered on Dec 13th, 2012 at 12:05 PM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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Possibly not, it depends on whether there are assets for trustee to distribute. Make sure to send copies of the discharge to the creditors and file notices with the Bankruptcy Court. For more information there is a self-help center at the Bankruptcy Court.
Answered on Dec 13th, 2012 at 12:05 PM

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