What can I do about the debts not seen on my credit report? 15 Answers as of October 10, 2013

I filed bankruptcy in 2010. Today I received a call saying I was going to get summon for an account in 2006 which in this case I did not have. This did not come up on my credit report at the time of filing. How do I fix this?

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Stephens Gourley & Bywater | David A. Stephens
If the debts were incurred before your filed your petition, they may be discharged even though they were not notified. There is a case to that effect in the 9th circuit, which is essentially most of the western states.
Answer Applies to: Nevada
Replied: 10/10/2013
Law Offices of Linda Rose Fessler | Linda Fessler
It would appear that the statute of limitations has run on this. Probably a new collection agency took over and was not notified of the bankruptcy. If you get served you must answer the complaint and also attach a copy of the notice proving bankruptcy was filed and that the statute has run. Before you get served, you might try giving the notice of bankruptcy to the other side and tell them if they violate the federal bankruptcy law, you will have your attorney sue them. But no matter what, do not avoid service and be sure to answer.
Answer Applies to: California
Replied: 10/9/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
That debt is beyond the California statute of limitations. This is a BS outfit. Do not pay them anything. They are fraudulently trying to collect. They will never sue you. It is all lies. Your discharge covered inadvertently omitted debts. Do don't worry.
Answer Applies to: California
Replied: 10/9/2013
Gottlieb & Goren, P.C.
Gottlieb & Goren, P.C. | Aaron W. Goren
File a petition with the bankruptcy court to reopen the case and add this creditor.
Answer Applies to: Michigan
Replied: 10/9/2013
Rhymer Law Firm
Rhymer Law Firm | William Rhymer
Get all of your information and talk with your bankruptcy lawyer. What will happen depends on the type of case you filed.
Answer Applies to: Georgia
Replied: 10/9/2013
    SmithMarco, P.C.
    SmithMarco, P.C. | Larry P. Smith
    There is nothing to fix. First, lets make sure it is a legitimate debt. There are a lot of scams out there. Second, you can always amend the BK filing to include another debt.
    Answer Applies to: Illinois
    Replied: 10/8/2013
    Elkington Law
    Elkington Law | Sally Elkington
    It is important to know if you filed a Chapter 7 or Chapter 13 bankruptcy. If it was a Chapter 7, then the debt may be discharged even if you didn't list it, if you did everything possible to list all the debts you knew about. You may want to see an attorney to get some help contacting the creditor to straighten this out.
    Answer Applies to: California
    Replied: 10/8/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If there were no assets found in your bankruptcy then just send a copy of your discharge to the creditor.
    Answer Applies to: New York
    Replied: 10/8/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Review the case of In Re Beezley, 9th Circuit. It says if you had a no asset bankruptcy that the debt not listed is discharged. File a copy of your bankruptcy discharge with your response to this lawsuit.
    Answer Applies to: Nevada
    Replied: 10/8/2013
    Law Offices of David A. Tilem | Michael Avanesian
    Let them know you filed for bk in 2010.
    Answer Applies to: California
    Replied: 10/8/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Give the creditor and their attorney your bankruptcy case number and the date it was filed. As long as there is no argument for non-dischargeability they should write off the amount and leave you alone.
    Answer Applies to: Colorado
    Replied: 10/8/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You can file a motion to reopen your case to set aside the discharge and list those creditors that were not included in your bankruptcy. You'll need to provide notice and the opportunity to object to the discharge after which the discharge would be reentered and your case closed. Your other option is to try to negotiate with this creditor.
    Answer Applies to: Nevada
    Replied: 10/8/2013
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    As long as you had a "no asset" chapter 7 the debt was discharged (if it was a debt that was dischargeable) even tho it wasn't listed. Give the creditor's lawyers your bkry case info.
    Answer Applies to: New York
    Replied: 10/8/2013
    Law Offices of A. J. Mitchell, LLC
    Law Offices of A. J. Mitchell, LLC | A. J. Mitchell
    You should begin by contacting the attorney that filed your petition in 2010 and discussing alternatives.
    Answer Applies to: Georgia
    Replied: 10/8/2013
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    You didn't provide enough information to answer your question. Was it a Chapter 7 or a Chapter 13? What court was the case filed in? If it was a Chapter 7, were there assets for distribution to the creditors? Did you receive a discharge? If it is a Chapter 13, was your plan confirmed? If so, is it a 3-year or 5-year plan? How much is being paid to creditors (%)?
    Answer Applies to: California
    Replied: 10/8/2013
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