Can creditors come after me after a bankruptcy discharge? 35 Answers as of November 02, 2011

I had a BK Discharge in 2010 and now I have a creditor claiming I owe $1,555 on a apartment from back in 2000. I did not know I had this. Can they come after me?

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Goldfarb Law Office, PA
Goldfarb Law Office, PA | Stephen Goldfarb
See if the creditor was listed in your bankruptcy. If it was, remind them of the penalties for pursuing a discharged debt.
Answer Applies to: Minnesota
Replied: 11/2/2011
LAW OFFICE OF MARGARET L. EVANS, PC
LAW OFFICE OF MARGARET L. EVANS, PC | Margaret L. Evans
Check the applicable STATUTE OF LIMITATIONS in your state. In South Carolina, the SOL is generally 3 years as to something of that nature. If your facts are correct, that creditor can neither sue you NOR report it any longer on your credit, either.
Answer Applies to: South Carolina
Replied: 11/2/2011
Law Offices of James Wingfield
Law Offices of James Wingfield | James Wingfield
If the creditor had notice of the bankruptcy case, then the Creditor cannot seek payment from you after the discharge. However, if they did not have notice of the case (and they would only get notice if you listed the debt in your schedules and the creditor in your mailing matrix), then they are free to pursue you to collect the debt. You will likely need to reopen your case and amend your schedules to avoid the debt.
Answer Applies to: Massachusetts
Replied: 11/2/2011
Theodore N. Stapleton, PC
Theodore N. Stapleton, PC | Theodore N. Stapleton
No, they are in violation of the bankruptcy discharge.
Answer Applies to: Georgia
Replied: 11/1/2011
Cohen & Kendziorra, P.A.
Cohen & Kendziorra, P.A. | Robert S. Cohen
If this debt was not included in your bankruptcy, then, yes, the creditor can attempt to collect the debt from you. You will need to amend your bankruptcy to include this creditor.
Answer Applies to: Florida
Replied: 11/1/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    No, send them a copy of your discharge. A debt omitted by mistake is still discharged.
    Answer Applies to: California
    Replied: 11/1/2011
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Yes if you did not list them as a creditor, you can try to reopen your bankruptcy and add the creditor.
    Answer Applies to: Florida
    Replied: 11/1/2011
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    If you did not list them as a creditor when you filed for bankruptcy, or list this debt as one of the debts you had when you filed for bankruptcy, then you still owe this debt. This is why it is extremely important that when you file for bankruptcy you list every single debt you have and every potential creditor. If the creditor can show that you had notice of this debt, then you will unfortunately still have to pay off this debt even though you were granted a bankruptcy discharge in 2010.
    Answer Applies to: New York
    Replied: 11/1/2011
    Law Offices of Daniel Moulton
    Law Offices of Daniel Moulton | Daniel Moulton
    The debtrshould be dischargedbut you may have to file an amended Schedule F to add the creditor or open the case back up to add the creditor.
    Answer Applies to: Illinois
    Replied: 11/1/2011
    Philip R. Boardman, Attorney at Law
    Philip R. Boardman, Attorney at Law | Phil Boardman
    They can if they were not included in the bankruptcy in the first place. The good news is that they can be added even after your bankruptcy case is closed.
    Answer Applies to: Virginia
    Replied: 11/1/2011
    Charles R. Nettles - Attorney at Law
    Charles R. Nettles - Attorney at Law | Charles R. Nettles
    If a creditor is not listed in your bankruptcy, then you are still liable on the debt. You can't just reopen your case to add them but you can file an adversary proceeding against them to have the bankruptcy court determine whether or not this is a dischargeable debt.
    Answer Applies to: Texas
    Replied: 11/1/2011
    Gregory J. Wald, Attorney at Law
    Gregory J. Wald, Attorney at Law | Gregory J. Wald
    If you had a "no asset" chapter 7 case, then the period of time for adding a debt to your bankruptcy never expires as long as you did not intentionally omit it from your bankruptcy schedules. Also, the statute of limitations to sue you for this debt may have expired.
    Answer Applies to: Minnesota
    Replied: 11/1/2011
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If you never gave them notice, then they may not know you filed bankruptcy. You should send them a letter showing your no asset discharge, and they will usually stop collection activities. If not, you could reopen your case to include the debt, but it may cost you more to reopen your case then it would to negotiate and settle the debt. But send them your discharge papers first.
    Answer Applies to: New York
    Replied: 11/1/2011
    Alfred Law Firm
    Alfred Law Firm | Janice Alfred
    Yes they can, because you failed to include them in your petition and, as a result, that particular debt was not discharged.
    Answer Applies to: Georgia
    Replied: 11/1/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    If the creditor was not listed in your bankruptcy, they may be able to come after you. It will depend on the type of bankruptcy discharge, whether the Trustee administered any assets, and what District you filed in.
    Answer Applies to: Colorado
    Replied: 11/1/2011
    Albert Law Group
    Albert Law Group | Alvin S. Albert
    Usually creditors will honor your bankruptcy discharge if provided with the appropriate case information. After eleven (11) years, it is highly unlikely that the debt is collectable - especially if it was sold to a debt collector. The debt may be beyond thestatute of limitations. As a last alternative you can, if necessary, reopen the case and add this creditor.
    Answer Applies to: Georgia
    Replied: 11/1/2011
    Law Office of Xochitl Anita Quezada
    Law Office of Xochitl Anita Quezada | Xochitl Anita Quezada
    If that debt was included in the bankruptcy, then they cannot come after you.
    Answer Applies to: California
    Replied: 11/1/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    If you had a no-asset case, it is a violation of the automatic stay and discharge.
    Answer Applies to: Indiana
    Replied: 11/1/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    I assume you left them out. The answer varies by court. See your lawyer from your case. If you made the mistake of not having counsel, see one now.
    Answer Applies to: Georgia
    Replied: 11/1/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    If you have a no-asset bankruptcy you are not liable for an inadvertently omitted debt. However, you may want to consider trying to negotiate a resolution to avoid legal action. One possibility is to re-open the case and file an adversary proceeding to determine dischargeability of a debt. This will cost several thousand dollars in all likelihood.
    Answer Applies to: California
    Replied: 11/1/2011
    Buff & Chronister, LLC.
    Buff & Chronister, LLC. | Curtis L. Chronister Jr.
    From the information you have provided; no. There are three items of interest in this issue: 1. If you included the creditor in your bankruptcy, send them a copy of your discharge order and tell them that further contact with you can expose them to sanctions by the bankruptcy court. 2. If you did not include the creditor in your bankruptcy, but you did so inadvertently and you received a "no distribution" discharge, then the creditor is not harmed by your failure to list them since no funds were available to any of your unsecured creditors. 3. The statute of limitations in Georgia for contract law is 6 years. This means that if your last transaction with the apartment was more than 6 years ago and a law suit has not been filed against you, they would be barred from coming after you.
    Answer Applies to: Georgia
    Replied: 11/1/2011
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    The short answer is: depends. Your Bankruptcy Discharge should protect you if you listed that debt. If you did not list that debt, whether it is discharged depends on whether you had no unexempt assets in your case. So, if you did not have any unexempt assets in your case, that debt, even if unlisted, was discharged as well. Some creditors do not understand this and you may need to pay for an hour or so of work from a reputable attorney to prepare a letter to the creditor and a document for the Court, if any, explaining the case law that states that the foregoing is the law. If the creditor does not stop bothering you, you may need to hire an attorney to sue for violation of the discharge injunction and to recover whatever you pay such attorney in fees and costs.
    Answer Applies to: California
    Replied: 11/1/2011
    Bankruptcy Law Center
    Bankruptcy Law Center | Bill Zurinskas
    In Colorado, even unlisted debts can be disharged if your case was a no asset case. Also, in Colorado the statute of limitations for back rent is 6 years from the date of last payment.
    Answer Applies to: Colorado
    Replied: 11/1/2011
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    If you didn't list them in the bankruptcy, then technically they can. You can seek to reopen your case, add them as a creditor and get the discharge to apply to them. However, that may cost you as much as you owe them.
    Answer Applies to: Nevada
    Replied: 11/1/2011
    D T Pham Associates, PLLC
    D T Pham Associates, PLLC | Duncan T Pham
    If the debt and creditor were not listed in your 2010 bankruptcy filing then that debt was not discharged - however, it may be stale since it is now more than 10 years old - but be wary of saying or doing something that may be construed to reaffirming the stale debt.
    Answer Applies to: Texas
    Replied: 11/1/2011
    Robert J. Doig, Attorney at Law
    Robert J. Doig, Attorney at Law | Robert Doig
    They probably cannot. It will depend upon whether or not your bankruptcy was a "No Asset" case. If it was a no asset case here in Colorado, their claim would have been discharged, even if you inadvertently failed to list them in your schedules of creditors. If it was an asset case, however, the answer may be different. Please review your paperwork to determine whether any of your creditors received anything from your case. If so, you should probably contact your attorney to determine how to deal with the claim.
    Answer Applies to: Colorado
    Replied: 11/1/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    No, you should show them your notice of discharge.
    Answer Applies to: California
    Replied: 11/1/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    You should consult your bankruptcy attorney concerning reopening the bankruptcy and listing the creditor.
    Answer Applies to: California
    Replied: 11/1/2011
    Buff & Chronister
    Buff & Chronister | G. Scott Buff
    Generally, a creditor cannot pursue you for a debt that arose before the date you filed for Bankruptcy and to do so is a violation of the discharge order. There are certain debts that are excepted from discharge including some taxes, student loans and domestic support obligations. If you were unaware of the debt and it did arise before you filed, that particular debt would have been included in the general discharge order, provided there were no assets administered by the trustee. If you had a no asset case, you should send a copy of your discharge order the creditor. If they continue to pursue you for the debt, you can file a lawsuit against them and ask for damages.
    Answer Applies to: Georgia
    Replied: 11/1/2011
    Heupel Law
    Heupel Law | Kevin Heupel
    If you didn't list the debt on your petition, then yes, the creditor can pursue collection. You might still void the debt, but it depends on whether your bankruptcy case was a no-asset bankruptcy. The best advice is to contact a bankruptcy attorney to determine whether you'll need to repay the debt.
    Answer Applies to: Colorado
    Replied: 11/1/2011
    Foster Law Group
    Foster Law Group | William Foster
    If you did not list the debt in your bankruptcy, you may still owe the debt depending on whether you had an asset case and the laws of your jurisdiction in regards to unlisted creditors.
    Answer Applies to: Colorado
    Replied: 11/1/2011
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    There's a chance that they might be able to if you didn't list them on schedule F.
    Answer Applies to: Florida
    Replied: 11/1/2011
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    I assume you filed a Ch 7 and failed to list this debtor. If your case was a no-assets Ch 7, that is you had no non-exempt assets that you turned over to the Trustee, the debt is discharged even if they were not noticed. If the creditor sues you have a defense. Still a hassle. This kind of debt is generally purchased by real bottom-feeders. They probably paid pennies on the dollar. You might offer a settlement, say perhaps 10%.
    Answer Applies to: Colorado
    Replied: 11/1/2011
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