Can someone be sued after bankruptcy? 9 Answers as of June 26, 2015

Someone borrowed money from me a little over a year ago. Some time after that, this person filed for chapter 7 bankruptcy. The loan was not brought up in the bankruptcy due to me having knowledge she was going to file for bankruptcy. The bankruptcy is now finished. The reason I know this is due to another small claims suite I won for a different issue against her and it got forgiven in that bankruptcy. Can I now file a small claims suite against her for non payment of this loan since this was not brought up in her bankruptcy?

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Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
NO. All debts that were owed at the time the bankruptcy case was filed were discharged, regardless of whether they were listed or not. You clearly had notice of the bankruptcy case, so if you now take action to try to collect you will be knowingly violating the court's discharge order.
Answer Applies to: Colorado
Replied: 6/26/2015
Ronald K. Nims LLC | Ronald K. Nims
No, because you knew that she filed bankruptcy and that covers all debts that she had with you. It's not necessary to list every single debt to you (it's be a good idea to list every debt for a couple reasons - not the least of which is that the bankruptcy swears under penalty of perjury that all debts are listed) Merely because you knew that she planned on filing bankruptcy isn't the same as actually having received notice (official or unofficial) of the bankruptcy. Because people can say that they plan to file bankruptcy but don't go through with it for a variety of reasons.
Answer Applies to: Ohio
Replied: 6/25/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
If you sue in small claims, not only can your suit be dismissed, but you can be ordered to pay the person?s legal fees, and you can be held on charges of violating the bankruptcy discharge since you knew about the bankruptcy case.
Answer Applies to: Nevada
Replied: 6/25/2015
Patrick W. Currin, Attorney at Law | Patrick Currin
As long as she can state the debt was omitted in good faith and the underlying debt would have been discharged if included, it was erased.
Answer Applies to: California
Replied: 6/25/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
No, if there were no assets distributed in that persons bankruptcy then you can't collect.
Answer Applies to: New York
Replied: 6/25/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    No. Do not take the risk of contempt of the federal court.
    Answer Applies to: Wisconsin
    Replied: 6/24/2015
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    In the 1st Circuit, yes. Everywhere else, the probable answer is no. If you knew about the bankruptcy in time to file a claim, your debt is discharged. If there was a distribution or your debt was otherwise nondischargeable, the answer is maybe. It depends upon the facts.
    Answer Applies to: Washington
    Replied: 6/24/2015
    Ross Smith, Attorney at Law
    Ross Smith, Attorney at Law | Charles Ross Smith III
    No. You are absolutely forbidden to take any action whatsoever to collect this debt, Even though it was apparently not listed in the bankruptcy, you are still completely aware of the Court's Order of Relief. If you attempt to collect you will get a contempt action filed against and you could lose your shirt. Write this off as a "bad debt" on your taxed. Good luck.
    Answer Applies to: Ohio
    Replied: 6/24/2015
    Scott Goldstein | Scott Goldstein
    Absolutely not. The fact that she didn't list your debt, does not prevent being discharged. Unfortunately you are barred.
    Answer Applies to: New Jersey
    Replied: 6/24/2015
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