Credit Card Debt Left off BR Not Discahrged

[JeffinSC]

My bankruptcy was discharged in April. I keep getting bills for one credit card that I had listed to be placed on my Chapter 7 Bankruptcy. Looking back at the paperwork it appears that my attorney has left this debt out of the bankruptcy. What can I do? I could pay minimum payments on the debt but now they are so high because I didn't pay during my bankruptcy. I thought it was included. With these people coming after me and now the Tax Commission since the bankruptcy was discharged I am about in the same situation that I was in before. All of this resulting from a divorce. Jeff

[HHM]

What is the situation with the Tax Commission?

As for the BK, you can file a Motion with the BK court to re-open your case to add this creditor.

[JeffinSC]

The tax commission thing is where I cashed some retirement in back in 2002. I had the debt paid down to about $400.00. The tax comission was taking out $25.00 per pay period. When the bankruptcy was going on they stopped taking the money out. After the bankruptcy was discharged all of a sudden they wanted all of the balance, in two installments, which was now up to $690.00. They said they didn't add penalty and interest to the amount during the bankruptcy but I believe they did. Fortunately after being persistant they agreed to take $25.00 per pay month.
Will I need a lawyer to reopen my bankruptcy case? Do you have any idea of the costs involved in reopening the case? This was a $300.00 debt which is now up to $420.00. I am wondering if it may be cheaper to just make payments.
Thanks for your help. Jeff

[HHM]

You don't have to have a lawyer, but because re-opening cases is not a standard practice, you may be hard pressed to find a form motion to use. It shouldn't cost too much, if there even is a filing fee, I don't think its very much. But yeah, if the debt is that small, its probably not worth the trouble, just make sure to make at least the minimum payments, and pay it off.

Incidently, what was the tax for, you use the phrase "tax commission", are you referring to the IRS, or some state taxing authority. If the tax is not based on your income, there is a chance you could have had it discharged in your BK.

[JeffinSC]

It was for South Carolina state income taxes from 2002. I had withdrawn some money from my retirement when I got layed off and unfortunately did not set enough aside to pay my 2002 state taxes. My attorney told me that this, my car and property taxes could not be included in the bankruptcy.
Thank you again for your advice.