Last Question for Brett


P

Peter Murray

I asked late last year about debt incurred before a BK filing. Even if not
in schedule you stated it may be discharged depending on state I am in. Well
I am in the State of California.One of my gas cards were never notified and
I did not receive calls on the matter until after the discharge.
 
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B

Brett Weiss

I'm afraid I don't know what the rule is for California. Sorry.

--

Brett

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* BRETT WEISS, P.C. *
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The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
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T

Thoth

In California, and assuming a no distribution chapter 7, an accidentally
omitted debt is discharged (so long as it is a dischargeable debt) without
further action. I would, however, send the creditor a copy of the Notice of
Chapter 7 and Discharge of Debtor (the Order) by certified mail. If you do
that the omitted creditor is placed in the same position as it would have
been if you included it in the original filing, and it would have little
defense for making further efforts to collect.
 
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A

Anon in Indiana

Thoth said:
In California, and assuming a no distribution chapter 7, an accidentally
omitted debt is discharged (so long as it is a dischargeable debt) without
further action.
Is there a site online with a list of this policy for the
different states? I'm in Indiana.
 

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