Received discharge ch7 but being harrassed by a creditor left off creditor list.

[lookin4info]

I apologize if this has been asked before, I couldn't find exactly what i was looking for. I have a friend who filed a Ch 7 about mid-Sept. 2010 and received her discharge. She is now being harrassed almost daily with calls from a creditor that was left off her list. I am not sure if the atty. left it off, or if she forgot about them. She is wondering, what, if anything she can do to have this creditor included in her BK. They leave threatening msgs and are very harrassing. The debt was incurred prior to filing.

Thanks for your help.....

[locolady]

I apologize if this has been asked before, I couldn't find exactly what i was looking for. I have a friend who filed a Ch 7 about mid-Sept. 2010 and received her discharge. She is now being harrassed almost daily with calls from a creditor that was left off her list. I am not sure if the atty. left it off, or if she forgot about them. She is wondering, what, if anything she can do to have this creditor included in her BK. They leave threatening msgs and are very harrassing. The debt was incurred prior to filing.

Thanks for your help.....

Just reading on the net and found a few comment on this question so I copy this one as it seem to clearly address your question. There probably will be other with more legal knowledge than me who will help you on here with this problem..
"Many courts would hold that debts will be discharged in a no-asset Chapter 7 case even if they are not listed. There are two key phrases in that answer that require more explanation.

* Many courts. The bankruptcy code is not at all clear on this subject. While the trend appears to be that the unlisted debts in no-asset cases are discharged without any further action, the code has been interpreted in differently in many courts. Some courts would allow you to reopen the case to add a debt. Others would say that the debt cannot be added and therefore is not discharged.
* No-asset. In many Chapter 7 cases, there are no non-exempt assets which the Trustee may sell for the benefit of the creditors. These are called "no-asset" cases.

Courts say that unlisted debt is discharged in no-asset cases have carefully read Section 523(a)(3)(A). This section excepts debt from discharge if they were not listed in time for the creditor to file a timely proof of claim. The proof of claim is used by the Trustee to determine the proportion to divide the debtor's assets between the creditors. In a no-asset case, there will be nothing to divide and no reason to file a proof of claim. As a result, in no-asset cases the bankruptcy notice instructs creditors that they are not to file a proof of claim. Courts taking this position reason that since it will never be too late to file a proof of claim, a debt is not excepted from discharge because it has not been listed. Cases in which the courts reach this conclusion include: In re Madaj, 149 F.3d 467 (6th Cir. 1998); Judd v. Wolfe, 78 F.3d 110 (3rd Cir. 1996); Stone v. Caplan, 10 F.3d 285, 289, n. 13 (5th Cir.1994); and In re Beezley, 994 F.2d 1433 (9th Cir.1993). [8-99]"

[AngelinaCat]

Your friend needs to send a copy of her Discharge Order to these people, along with a letter stating that she has received a Discharge. There is language somewhere on that piece of paper that will state words to the effect of: (quoting from my own Discharge Order now)

“Debts that are Discharged

The Chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the date of the debt existed on the date the bankruptcy case was filed.”

There is a caveat under Debts that are Not Discharged

"Some of the common types of debts which are not discharged in a Chapter 7 bankruptcy case are:

g. Some debts which were not properly listed by the debtor;”

That above statement can be a 'gotcha' in the minds of the creditors. We have successfully battled a couple of these situations, because the debt had been sold to a Collection Agency, or otherwise changed hands while we were in the midst of the BK.

Your friend needs to make copies of everything that come to her by mail; write a cease and desist letter, stating that the debt was Discharged, and include a copy of the Discharge order. Send courtesy copies of everything to the trustee, and send the package that goes to the creditor by certified mail and with a return receipt. Start and keep a file on this creditor. When the signed green card comes back, put it in the file. If the creditor keeps on, keep sending the same info, again certified, return receipt.

If your friend used an attorney, he she may be interested in filing a suit against the creditor.

Be aware that debts get sold to Collection Agencies all the time, and she may have to deal with this more than once.

Good luck. Please let us know how it goes...

[tcreegan]

Hi lookin4info,

...agree w/ AC, send em a copy of the discharge order and a polite letter asking them to correct the situation. Use cert.mail.ret.rcpt.requested.

I wouldn't go into any detail, just a bit about there was no need to file a claim as there was no distribution to unsecured creditors.

Tom in Colo

ps: document any and all contact w/ this collector, could come in very handy if they persist. A little documentation might be damages later.