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Final Decree and debts missed off bankruptcy

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    Final Decree and debts missed off bankruptcy

    Hi folks, in one of the posts on the forum, someone stated that a No asset chapter 7 discharge covers dischargable debts that originated before the filing of the bankruptcy that were missed off. Is there anyone who can confirm whether this is true or not. Ironically, today I got my final decree and a phone call from a collection agency regarding a debt that wasn't on my credit report but originated before I filed. I filed pro se.

    #2
    From what I've read, this is true. That is, they would have not received any distribution from the Estate anyhow, so the debt is discharged.

    You should be able to send the collection agency (CA) a copy your discharge and see if they back off. If they don't, then you mayIn re Beezley, 994 F.2d 1433, 1435 (9th Cir.1993) which cited the Mendiola case. This was a 9th Circuit court ruling which basically stated that...

    all.'
    Further reading shows this...

    Because this is a "no-asset" Chapter 7 case, the time for filing a claim has not, and never will, expire unless some exempt assets are discovered
    Last edited by justbroke; 11-11-2008, 07:18 PM.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Depends on the state.I asked my lawyer about this and he said if I remember an debt before my case is closed he would do a modificaion and would not be automatically discharged.

      Comment

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