Creditor not listed in schedules

[amyl]

I hope someone can answer this question and I desperately need an aswer fast!!
My CHP7 was discharged in FEB 2006, I didn't list a BMV reinstatement debt because I didn't think it would be covered. The BMV is telling me that it can be covered under the bankruptcy (after I did the research and asked them) because the debt was there before I filed. They are telling me that it has to be listed under the schedule so I would have to get my bankruptcy ammended so that they can appear in the list of schedules (creditors). My attorney (and the research I did proves this to be true as well) has infrormed me that a debt that was not listed (not by fraud and that's not a schedule F debt which it is not) that the creditor still has to discharge it. HOW DO I GET THE BMV TO DISCHARGE IT? PLEASE HELP

[amyl]

Nothing on paper

Thanks for the reply.
I looked through all of my bankruptcy papers and there is nothing on there that states that it will be covered. My attorney states that it's a law as long as it not a secured and blah blah...but nothing in black and white that I can show the BMV so I don't know. THanks

[gacreditguy]

I totally agree with wenderful's comments.. Was your case a "no asset" CH7? If so, and if I am not mistakten here, even if a debt/creditor was not listed it is still considered discharged as there were no assets to be sold and money distributed..

Minny, you are an expert here (plus a happy dancing kinda gal)... does that comment above sound correct?

[CRRAVOSA]

Give the creditor a copy of discharge and send a letter that they are in violation of the discharge, the courts take this seriously. Also mention that should they continue to collect you will take the appopriate action and will be seeking punitive damages as well as attorneys fees.

[amyl]

Thank you all for your replies. I had my attorney send me information that a creditor has to cover the debt under the new 6th circuit law and took it to the BMV today..and they finally covered my reinstatement fee. I am soo excited now! Thanks