Question
Posted: Tue Dec 05, 2017 9:30 am
If it was a no-asset Chapter 7, then failure to list any otherwise
dischargeable debt does not affect the discharge. See In re
Beezley, 994 F.2d 1433 (9th Cir. 1993) and In re Nielsen, 383 F.3d
922 (9th Cir. 2004).
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On 12/4/2017 10:55 AM, Linda Muchamel lindamuchamel@yahoo.com
[cdcbaa] wrote:
>
>
> Someone asked me this and I thought if the debt is discharged it
> is just discharged completely, doesn’t matter if the wife was not
> listed as a creditor, am I right?
>
> The question was:
> Husband and wife are creditors of a bankruptcy debtor on a
> promissory note in favor of the husband. The obligation was
> incurred during the marriage so is presumed to be community
> property. Debtor lists only the husband as the creditor. Is the
> debt obligation to the wife discharged or does the wife have any
> rights to collect on the debt after the Ch. 7 bankruptcy is closed?
>
>
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