Can i sue someone who declared bankruptcy but did not list the company she legal obligation to pay back as a creditor?

I have a tenant that filed for bankruptcy and I just received a discharge notice. Problem is she has the wrong company listed as a creditor. She had the management company listed as a creditor, but her lease and personal guarantee were with the ownership of the shopping center. She also made a year’s worth lease payments to this ownership entity as well, so she cannot claim she was misrepresented. My question is since the real company she owed the debt to was never listed as a creditor and that debt was never discharged, can I now go after her for the debt?
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Answers (1)

Brian David Lerner

Brian David Lerner Avvo Pro

Contributor Level 6
Hello:

You will run a significant risk of violating the permanent discharge injunction if you try to collect on the debt without being sure it was not included in the Bankruptcy Estate. You should make the proper motions in Bankruptcy Court to get that confirmation and then go after the debt.

Sincerely,

Brian D. Lerner
Attorney at Law
ebankruptcyatty.com
562-495-0554
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