Non-Listed Creditor After Discharge

[ConfusedinOC]

GMAC wants me to pay 160 bucks for wear and tear charges on a lease return. The debt was incurred before I filed for Chapter 7. I have been discharged as a no asset Chapter 7. I thought I had listed this account but I guess I did not. I did have two other accounts with these guys that should have raised a flag for this one but oh well. Now they are threatening to send the account to collection if I don't pay. I informed them that since I incurred the debt before I filed and I have been discharged that this account should be discharged as well. I am going to mail them a copy of my discharge along with their payment slip but also wanted to include a letter. Does anyone have any standard language that I should include? Is there a statute regarding this issue?

Thanks

[debee]

In the 9th Circuit, forgotten debts are discharged so long as you were a no asset case & the debt was dischargeable in the first place. Once you notify the creditor, they should stop bothering you. If they don't, I would do a search for a Max Gardner Bankruptcy Bootcamp grad in your area. They will sue creditors who violate the stay. No cost to you.

In re Beezley, 994 F.2d 1433 (9th Cir. 1993) -- Reopening was useless because the case was no asset and no bar date and therefore creditor’s debt was discharged under §§ 523(a)(3)(A) and 727(b).

In re Nielsen, 383 F.3d 922 (9th Cir. 2004) -- Citing the concurrence in Beezley, court holds that failure to schedule a creditor in a no-asset case does not make the debt nondischargeable.

Edit to add: note that when you do a plain reading of 523 it sounds as if discharge is prohibited if a creditor is not listed/scheduled or otherwise notified because they have a right to timely file proof of claim, but the 9th circuit court (and most other courts) have interpreted this to mean that the prohibition only applies if the creditor could have filed a claim and gotten a piece of the pie. So in a no-asset case it doesn't matter. No harm no foul.

[frogger]

Send them a copy of your no-asset chapter 7 discharge along with instructions to pound sand.....

[IBroke]

In the 9th Circuit, forgotten debts are discharged so long as you were a no asset case & the debt was dischargeable in the first place.

Does anybody know if the Florida Middle District has ruled the same? I have a small $140-creditor in my neck I obviously forgot about...

[debee]

Does anybody know if the Florida Middle District has ruled the same? I have a small $140-creditor in my neck I obviously forgot about...

The only FL case I have in my notes is In re Shipman 137 BR 524 (Bankr N.D. FL 1991).

[IBroke]

The only FL case I have in my notes is In re Shipman 137 BR 524 (Bankr N.D. FL 1991).

Thanks, debee!

[AngelinaCat]

We have a case in Florida Middle District (Jacksonville). We were discharged August 13, 2008. We listed everything appropriately, including the utilities. At the time of filing our land telephone line was with Southern Bell. With them we had unlimited long-distance service. At some point during our bankruptcy, Southern Bell was taken over by AT&T [ATack&Terminate]

We were never notified of this change, I suppose because of the Automatic Stay. Once we were discharged, the bills started coming in for some $530.00 in long distance charges. We refuse to pay or even acknowledge them.

Each time the debt is sold, we send our customary C & D and 'go pound sand' letter, along with a copy of the Discharge Order to the collection agency via certified mail, return receipt, with a green card that must be signed and sent back to us. I just got the latest card back today.

[IBroke]

We have a case in Florida Middle District (Jacksonville). We were discharged August 13, 2008. We listed everything appropriately, including the utilities. At the time of filing our land telephone line was with Southern Bell. With them we had unlimited long-distance service. At some point during our bankruptcy, Southern Bell was taken over by AT&T [ATack&Terminate]

We were never notified of this change, I suppose because of the Automatic Stay. Once we were discharged, the bills started coming in for some $530.00 in long distance charges. We refuse to pay or even acknowledge them.

Each time the debt is sold, we send our customary C & D and 'go pound sand' letter, along with a copy of the Discharge Order to the collection agency via certified mail, return receipt, with a green card that must be signed and sent back to us. I just got the latest card back today.

Are you sure your case is actually an example of an "unscheduled discharge"? After all, you did include the actual account/debt on your schedule, right?

I was refering to those accounts that were never mentioned on the schedule at all but are still discharged due to the "no harm, no foul"-rulings.