We were contacted today by a medical bill we've had since before we filed CH7 and we didn't include them in the BK. We completely forgot about them and they just contacted us today. We were discharged & closed in September. Can I do anything?
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5/9/11 - Filed CH7 - No Asset
7/1/11 - 341 Meeting
9/1/11 - Discharged; 9/22/11 Case Closed
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You were a no asset case, right? If so, then your forgetting them isn't a big deal - if the debt was otherwise dischargeable - it is considered to be discharged even if you forgot to put it on your schedules/petition. Send them a copy of your discharge. They *should* go away.
~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~Not an attorney - just an opinionated woman. -
I think it would be best to contact your attorney for the best possible advice. I don't know if the laws/rules have changed much since last year or not but when you forgot to list a creditor or a bill in your matrix, it's costly to add them later after discharge and even costlier once your case is closed. That's how I learned from my attorney. One thing I notice from what you said is that they just contacted you today and why not sooner, probably because they learned of your bk filing and realized that they weren't included and hoped that you'd forget to include them. Now you're discharged and they think they can go after you. Just get a hold of your attorney and let him/her know of the bill. These are just my humble opinions only.Filed chapter 7 Jul 13, 2010 341 hearing Aug 12, 2010 
Trustee's report of no distribution Aug 20, 2010 
Discharged Oct 13, 2010 Closed Oct 28, 2010.Comment
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This is your best bet. We received a bill incurred before but unknown till after our discharge. We simply sent a C & D letter with a copy of our discharge. This most likely will stop it all. Do this up to three times before worrying. The alternative is an expensive re-open of your case. Your Trustee won't even like this. Your lawyer will as it will cost you. It is not real big deal. If you had assets, that changes things a bit. 'HubOriginally posted by ValleYum View PostYou were a no asset case, right? If so, then your forgetting them isn't a big deal - if the debt was otherwise dischargeable - it is considered to be discharged even if you forgot to put it on your schedules/petition. Send them a copy of your discharge. They *should* go away.If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.Comment
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