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omitted creditor
In a no asset chapter 7 case unscheduled (but otherwise dischargeable) creditor claims are discharged,. Beezley v. California Land Title Co., 994 F.2d 1433 (1992). Prior discussions on the message board have lead to a consensus that Beezley is still good law. Harry Rebhuhn
The post was migrated from Yahoo.
If the case was a no-asset, no-bar date care, the debt was discharged even if omitted, as long as it wasn't a Sec 523(a)(2),(4), or (6) debt.? I would send a letter to the creditor citing In re Beezley suggesting that the judgment be vacated, and position myself for a possible sanctions motion in the event further collection takes place. Don't try to re-open the case, it serves no purpose.
Steven L. Bryson
Attorney at Law
To: cdcbaa@yahoogroups.com
Sent: Sun, 21 Dec 2008 9:25 pm
Subject: [cdcbaa] omitted creditor
Creditor filed small claims action against debtor. Chap. 7 filed while
small claims case was pending. Creditor/plaintiff was not included on
creditor matrix or schedules, although case was included in statement
of financial affairs. Debtor's civil litigation attorney was to handle
small claims matter by filing bankrutpcy petition in small claims court
(notice of related cases), but did not do so. Creditor/plaintiff now
has judgment against debtor. Bankruptcy case has been closed. Is it
possible to reopen case and include plaintiff/creditor? Some other way
to fix problem?
If the case was a no-asset, no-bar date care, the debt was discharged even if omitted, as long as it wasn't a Sec 523(a)(2),(4), or (6) debt. I would send a letter to the creditor citing In re Beezley suggesting that the judgment be vacated, and position myself for a possible sanctions motion in the event further collection takes place. Don't try to re-open the case, it serves no purpose.
Steven L. Bryson
Attorney at Law
To: cdcbaa@yahoogroups.com
Sent: Sun, 21 Dec 2008 9:25 pm
Subject: [cdcbaa] omitted creditor
Creditor filed small claims action against debtor. Chap. 7 filed while
small claims case was pending. Creditor/plaintiff was not included on
creditor matrix or schedules, although case was included in statement
of financial affairs. Debtor's civil litigation attorney was to handle
small claims matter by filing bankrutpcy petition in small claims court
(notice of related cases), but did not do so. Creditor/plaintiff now
has judgment against debtor. Bankruptcy case has been closed. Is it
possible to reopen case and include plaintiff/creditor? Some other way
to fix problem?
The post was migrated from Yahoo.
Creditor filed small claims action against debtor. Chap. 7 filed while
small claims case was pending. Creditor/plaintiff was not included on
creditor matrix or schedules, although case was included in statement
of financial affairs. Debtor's civil litigation attorney was to handle
small claims matter by filing bankrutpcy petition in small claims court
(notice of related cases), but did not do so. Creditor/plaintiff now
has judgment against debtor. Bankruptcy case has been closed. Is it
possible to reopen case and include plaintiff/creditor? Some other way
to fix problem?
The post was migrated from Yahoo.