I filed my bk in Sep 2011 and it was discharged Dec 2011 but I just learned of debt that I allegedly incurred prior to the filing date. The debt is an alleged overpayment from the Welfare Department and I want to know if I can reopen my bk and if that is debt that can be discharged. I received a phone call this morning and was advised that I owe approximately $1,756 (from 10/09 thru 8/10) but never received any notices and do not have anything in writing to support the alleged debt. Thank you for your assistance!
Yes, it is called a motion reopen your case. You should have no problem with the Judge granting your motion. It is done on a regular basis.
Jonathan Leventhal, esq.
Leventhal Law Group, P.C.
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If it was a no asset case, then you may not have to reopen at all.
You should contact your attorney to see what she thinks is best.
If you don't have one, I highly recommend you get one but you may be able to send them a letter telling them about the bk and that all pre-petition debts were discharged. See if they react and take it from there. Most creditors don't want to spend money to get nothing.
Yes, you can file a motion to reopen your Chapter 7 bankruptcy. However, if yours was a "no asset" Chapter 7, you may not have to reopen at all. Provide the debtor with a copy of your discharge.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.