Do I have to repay the creditor if had a loan out against a work compensation case and creditor wasn’t on my bankruptcy? 5 Answers as of September 28, 2016

I filed chapter 7 back in 2013.

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
"inadvertently" omitted creditor are discharged in most jurisdictions. However.... most likely this creditor has lien on the case. Liens are not discharged. AND, if there was no lien, If the creditor pushed it, you have to prove the omission was "inadvertent."
Answer Applies to: California
Replied: 9/28/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
The problem is not whether or not the creditor was or was not in your bankruptcy, but whether the creditor did or did not have a valid security interest in your workers compensation award. If the creditor did have a valid security interest, they own a portion of the award up to the value of their claim.
Answer Applies to: Nevada
Replied: 9/28/2016
Garner Law Office
Garner Law Office | Daniel Garner
If you filed bankruptcy in the 9th Circuit (Oregon, Idaho, Montana, Washington, California, Nevada, Hawaii or Guam) then the answer to your question turns on whether or not the trustee found any assets in your case. If there were no assets, all you need do is notify the creditor of your bankruptcy and they are bound by the discharge. If assets were distributed to creditors, however, you would need to make a settlement with the omitted creditor. Of course, if the debt was not dischargeable in bankruptcy anyway, whether it was listed or not makes no difference in your obligation to repay it. You should check with the court or with the chapter 7 trustee to find out if there were any assets. If there were assets, you should seek legal counsel to determine the best approach to the omitted creditor.
Answer Applies to: Oregon
Replied: 9/28/2016
Ronald K. Nims LLC | Ronald K. Nims
Omitted creditors are discharged in a Chapter 7, if you didn't know that you had a debt to that creditor. Creditors that are intentionally omitted are not discharged.
Answer Applies to: Ohio
Replied: 9/27/2016
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
More information is needed. Was the loan secured by your anticipated Workers Comp. claim? If so, then you will still owe Up to the amount of the loan plus interest. If it was unsecured, there is a certain possibility that the creditor could assert that He stands in the same position as WC toward you-that is, he is 'subrogated' to their rights to collect. If none of these apply (although I think one or another may) then the debt is probably an unsecured claim and IF YOU OMITTED THE CREDITOR INADVERTENTLY, then you likely discharged the debt and can tell that to the creditor. If the circumstances show that you deliberately Left him off the schedules, then his debt is likely not discharged. Find a good lawyer, experienced in BR work. It's almost always worth the investment.
Answer Applies to: Wisconsin
Replied: 9/27/2016
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