Discharged...collector not listed on original filing docs

[whoops08]

We were discharged in 10/08. We recieved a collection notice for a water bill and another credit card company. We missed listing them when we filed.
They are now saying that it doesn't matter that we filed because we did not list we are still responsible.

Is this true? Is all debt included that was prior to the discharge listed or not listed? Do we have to pay?

[Tbornetun]

Was your case an asset or a no asset case? If it was no asset then they are included in the discharge regardless of whether or not they were listed. Worst case scenerio, you would have to reopen the case to add the creditors to get them to go away.

[whoops08]

Is there a time frame from discharge that this is allowed? Do I need to contact my attorney or can I do it directly?

Thank you!

[keepmine]

You'd need to contact your lawyer to reopen but, that may not be necessary as tborneton noted.

http://www.usdoj.gov/ust/eo/public_affairs/articles/docs/abi012001.htm

[optimistic1]

Under a no asset Chapter 7 discharge, you are discharged of all of your unsecured debt, even if you happened to not list them in the schedules.

Read page 252 of the NOLO How to file a Chapter 7 Bankruptcy book.

These Post-Bankruptcy attempts to collect from violate the law, and you need to tell them that. Tell them you are also recording the conversation, and make sure you get their name.

These are just some low life collectors that don't know what 2+2 is. How do they know the law?

Send them a letter stating that they are violating the law in regards to the debt, and that all of your debts were clearly discharged under 11 U.S.C. Section 524, and then state that you will not hesitate to pursue your legal rights, including bringing a lawsuit against them for harrassment.

Then, go have a margarita.

[whoops08]

Thanks! just the info I needed!