Ch 7 & debt that we forgot to include?

Was the original debt included in the bankruptcy?

No, I don't think so, because the original company has no record either, I can't believe I forgot to include something. I have heard of people adding debt after a bankruptcy in filled and paying a fee for it but I don't know if we could do that or not.

I know of two options - but first, did you use an attorney? If so, I would contact them to see how to proceed.

Otherwise, this is the info I have found previously:
1. Re-open your bankruptcy case. Depending on the local rules in the district you filed your case in, you may be able to re-open your bankruptcy to include the additional debts. Re-opening your bankruptcy case usually involves the filing of a motion with the bankruptcy court in which your case was filed. If you desire to pursue this option, I recommend you contact your bankruptcy attorney you retained to file your case. If you filed without an attorney, I recommend you contact a bankruptcy attorney in your area to assist you.

2. Contact the creditor(s). Sometimes, if you contact the creditor(s) and advise them of your bankruptcy filing and provide the creditor(s) with your filing date and bankruptcy case number, the creditor will stop collecting on the debt. If the creditor agrees to stop collecting, it is in your best interest to request verification in writing from the creditor.

Somewhere there is a Federal ruling that in a Chapter 7, when the debtor had no assets to liquidate, all debts are discharged whether a particular creditor was notified of the bankruptcy or not. Unfortunately, I cannot cite the actual case that sets this precedent.

Call them and give them the case# and filing date. If they give you any crap about "not being included", just tell them it doesn't matter and they should ask their attorney if it's worth pursuing.

great info debt -- just to add to that i just went to my attorney today and asked her this very ? -- she said it is covered under case law (but she did not state what it was) --- she said it is hard to get the creditors to understand that sometimes, but in that scenario (no assets) it is covered even if not listed

I did use an attorney, and thank you everyone, you were all very helpful.

So I contacted my lawyer and they said that since I have been discharged if there were any debts that I forgot to include or that weren't notified, I would still have to pay them.

I think that your lawyer is being lazy. Let me first ask if the law firm specializes in bankrupty (ie Peter Frances Geraci, Debtstoppers, Legal Helpers, etc). You actually get worse service with them, because they are "cookie-cutter" law firms. They usually charge a flat fee, and their mottus operandi is to get you in, get you out, and get paid with the least amount of work involved as possible.

In a case like this, where you are coming back after they're already paid - they don't want to do any more work for you. And so they might tell you that you have to pay it just to get you off the phone. They might make it sound like it's your fault for not including the creditor, when really it was their due diligence to run your credit report and find everybody that you owed money to.

I believe you're safe, as long as you had no assets to pay out. Again I can't quote the case law. But, as a creditor, this happened to me and we went in for a wage garnishment, and the debtor's bankruptcy attorney sent me letters quoting the exact law. If I could remember the guy's name, I'd go pull the file and let you know the legal reference; but I don't remember and we have thousands of files.

Yes, I used a lawyer that specializes in bankruptcy and also they never asked me for a credit report or charged me their $100 fee to obtain it for me. I have also called and asked them other questions about the discharge and about my vehicle and they don't ever really answer my questions, they just put me on hold forever or tell me that they will look in to it and never do.

I am also curious if I obtained a debt while I was in the middle of filling my bankruptcy before I got discharged, it that included too or not?

I am just wondering if I should contact another lawyer or not about this issue and ask them about it. I thought the one I used would be more helpful, they were really helpful during the whole process before the discharge.

I have tried searching this, and all the information that I can find is that a creditor not listed is not dischargeable, unless they knew of the bk filing. If there is a federal ruling as DebtCruncher says, I cannot find it anywhere, but I believe that he is giving accurate information. It would be great if someone could come up with a citation for the situation he is describing.

To answer the OP's recent questions: (1) if you incurred debt after the filing date of your BK, those debts are exluded and not discharged. (2) You might consult with another attorney, but they probably won't work for free. I would keep on top of the attorney you used to file the BK, make them work a little bit for the money you already paid. If they won't, file a complaint with the bar or the bk court.

Re my above post/situation ... last week I remembered the guys name that this happened on. However it happened in 2005 (do I have a good memory or what?) ... so those files are all in storage and not readily accessible to me.

My notes are still in our computer though, and paraphrasing my notes is this:

This was a chargeoff account where we were never notified of the bankruptcy. Through routine collection process, we became aware of the debtor's new whereabouts and employment, at which point my staff issued an intent to assign wages. Upon receipt of the notice, the debtor called my office and told me he had filed bankruptcy on the loan. After researching on PACER, it was apparent that the debtor did not include our debt in his bankruptcy. I advised him to contact his bankruptcy attorney since we had, in fact, not been included in the bankruptcy.

Subsequently, the BK attorney sent me a letter quoting a certain case which set precedent for the matter, and advised that my collection was in violation of bankruptcy laws. I forwarded the letter to my legal counsel for review, and my attorney advised me that the debtor's bankruptcy attorney was correct and I should cease further collection. At that point I rescinded our wage assignment and closed the file accordingly.

Unfortunately my computer notes just gave a narrative of the events and states the the BK attorney letter and my attorney's response is "in the file", which as I said is in storage now. Next time I ever go to storage I will earmark to pull this file for review. Then hopefully I can give you an exact citation.

This is very helpful, I really am starting to think my lawyer and trustee are being lazy. I told them about all the information I was given and even offered to pay them more money and they still won't do anything to help me and still forward me the receptionist and then the receptionist says the same thing she did last time and hangs up.

I'd love to know if Debtcruncher ever found that case. I had a debt that my ex-husband said he took care of. I ran my credit report for the BK and it was not there. This was probably because it had not yet been set to collections, who are have now tracked me down. My new husband will be very upset if he finds out about this and I still owe money. I am hoping you are right that they can't collect and I can tell them to layoff. Funny thing is that on my latest Credit report that same company has me listed as "In Bankcruptcy with a zero balance. Go figure

If it was a no asset ch 7 case that was filed and the debt was incured before filing bk then i heard that you can tell them you filed bankruptcy and they should stop collection, I would call your lawyer that you used, they can re open the bankruptcy case and ammend the documents, but I believe you have to pay a couple hundred bucks I heard.

My problem is even though I have offered to pay more money, my lawyer will not do anything for me, and just blows me off. Its like his office feels that once I filled, they were done with us.