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Discharged; but I now see I left off a creditor

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    Discharged; but I now see I left off a creditor

    I received my discharge, but realized that I'd left off a HVAC company that did some work on my furnace and stuck us on a payment plan. I tried researching here, but saw some conflicting answers.

    Are they included, or do I owe them still? The debt was incurred prefiling.

    Thanks!
    Filed ch 13 12/23/10; closed 3/14; refiled ch 7 on 4/13; 341 on 5/13; reaffirmation 7/11 (denied); 7/14/11 DISCHARGED

    #2
    Provided you were a no asset chapter 7 case, this debt should be discharged.
    All information contained in this post is for informational and amusement purposes only.
    Bankruptcy is a process, not an event.......

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      #3
      Frogger is right. From my experience, I forgot to include a checking account for which I had a negative balance. They sent me a bill for the balance and I sent them a copy of my discharge and they never bothered me again. You can send a copy of your discharge to that creditor if you wish, just to put your mind at ease.
      Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

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        #4
        Originally posted by frogger View Post
        Provided you were a no asset chapter 7 case, this debt should be discharged.
        We may be an asset case; the case still hasn't been closed, but discharged. There was some questions surrounding an inheritance of land and waiting for a will to be probated, but it's not going any where and we haven't heard a thing.
        Filed ch 13 12/23/10; closed 3/14; refiled ch 7 on 4/13; 341 on 5/13; reaffirmation 7/11 (denied); 7/14/11 DISCHARGED

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          #5
          If you are an asset case, then the situation gets more complex. If there are any funds to be administered, every creditor must be given the opportunity to participate in your bk process.

          Regardless, send them a copy of your discharge and they will still probably go away.
          All information contained in this post is for informational and amusement purposes only.
          Bankruptcy is a process, not an event.......

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            #6
            If you're an asset case you can look into reopening your case to add the missed creditor, but I would only do that if you plan to keep the house and they haven't (or can't) file a mechanic's lien on the house.
            There are two secrets for success in life:
            1.) Never tell everything you know.

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              #7
              Originally posted by debee View Post
              If you're an asset case you can look into reopening your case to add the missed creditor, but I would only do that if you plan to keep the house and they haven't (or can't) file a mechanic's lien on the house.
              Well, I'm discharged, but not closed, so I guess I wouldn't have to reopen?

              I'm not keeping the house, it's all included. Guess I should just call them and tell them about BK and send a copy of the letter?
              Filed ch 13 12/23/10; closed 3/14; refiled ch 7 on 4/13; 341 on 5/13; reaffirmation 7/11 (denied); 7/14/11 DISCHARGED

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                #8
                We were an Asset Case, and after we were discharged, we got a bill from AT&T for $582.00 for long distance charges on our phone bill. Our phone service prior to filing was with Southern Bell, and there was unlimited free long distance. While we were in BK, AT&T (ATtack & Terminate) took over our phone service. We never knew this because of the Automatic Stay. Then, after we were discharged, here came this outrageous bill.

                So we duly sent out our C & D letter, and a copy of the Discharge Order, certified mail with return receipt. Every time the debt is sold to a different collection company, we do it again. The last one was an offer to settle for half the amount. They got our standard reply, and we will keep doing it whenever necessary.

                BTW we havn't had a land-line since we filed in 2007.
                "To go bravely forward is to invite a miracle."

                "Worry is the darkroom where negatives are formed."

                Comment


                  #9
                  Originally posted by AngelinaCat View Post

                  So we duly sent out our C & D letter, and a copy of the Discharge Order, certified mail with return receipt. Every time the debt is sold to a different collection company, we do it again. The last one was an offer to settle for half the amount. They got our standard reply, and we will keep doing it whenever necessary.

                  BTW we havn't had a land-line since we filed in 2007.
                  Guess I should send them a copy of the discharge and see what happens! Thanks!
                  Filed ch 13 12/23/10; closed 3/14; refiled ch 7 on 4/13; 341 on 5/13; reaffirmation 7/11 (denied); 7/14/11 DISCHARGED

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