New Creditor After Discharge!!

[loko2012]

HELP!! I was discharged on 9/24/2008!!I have recently had a new creditor pop up from 5 years ago. It was never on any credit report until the latest report i ran 2 weeks ago. It is from an apartment i lived in in Texas and it is for $4600!! (for what, i have no idea). I called today to inquire and they cant give any detail (Certified Recovery Systems) They were given the account on 12/2007.

I have never recieved a call or any correspondance from them. Is it too late to add them to the bankruptcy before it closes??
I was extremely thorough in listing all creditors and have old credit reports that prove it was never listed.

Ugghhh...

[magyar123]

Since your bankruptcy has already discharge and in the process of closing it might be too late to reopen your case to include this additional debt.
Once the collection agency contacts you just demand a complete validation of this debt and see what the date of last activity was and if it's still within your state's SOL period. If it is try negotiating a settlement.

[momof5]

Not sure about adding creditors prior to closing but you could always send them a copy of your bankrutpcy filing and discharge in the mean time. The debt was before your filing they may just take that (did you file chapter 7?)

[BassBoy]

The general rule is if you're a no asset Ch.7 that all debts are discharged, regardless if the debt(s) was listed or not. You can simply send the creditor a copy of your discharge. If you hired an attorney to handle your case, you should definitely inform him/her of this and they will be able to guide you as to what steps you need to take.

If your Ch.7 was an asset case, then any creditor not listed can not be dicharged and you are responsible for the debt(s) because the creditor did not receive the right to file a proof of calim and receive proceeds from your liquidated assets. And again, if you hired an attorney to handle your case, you should inform him/her of the situation as well.

[loko2012]

Yes, it was a no asset case.

[BassBoy]

Then this debt should be discharged.

But as I mentioned/asked.......if you hired an attorney to handle your case, involve him/her. It is important for them to be aware fo this, especially since this is such an old debt.

Yes, it was a no asset case.

[ready2puke]

Boy that sounds like their SOL with the SOL lol....

[loko2012]

ok. thanks.

[biotechsolution]

Bassboy is right. send them a copy of your discharge and they will go away.