I didnt add a creditor to my chapter 7, it was a previous marital debt with only 350 left on the bill and I didnt know it still existed since it wasnt being reported to my credit. I dont want to restart or file any motions (I'd rather pay it if I really have to somehow) but my question is basically whether or not my discharge is a blanket protection that will also apply to this creditor or if they are exempt because I didnt list them?
The debt is discharged even if not listed if it was incurred before the date that you filed your petition.
This is a common situation and we have a form letter that we use to send to creditors when our clients contact us. Your attorney should have something similar.
If you filed your petition on your own, send a notice to the creditor with a copy of the bill and advice them of the filing date and the discharge.
Please be advised that the advice to you herein does NOT establish an attorney client relationship and that our firm does NOT represent you in any 7 Bankruptcy matter.
DUI / DWI Attorney
If you need local help, talk to Grand Rapids Bankruptcy Attorney Wafa Adib-Lobo at Safe Harbor Legal at (616) 401-1126. Tell her Ed sent you! Good Luck!
The comments listed here do not create an attorney-client relationship. The comments are for informational purposes only and are not to be considered legal advice. This attorney is only licensed in Michigan and does not give legal advice in any other state. All comments are to be considered conversational information and you should not rely on these comments as legal advice or in place of retaining an attorney of our own. The comments here are based solely on what you have provided and therefore are general in nature and with more specific facts or details a different answer or outcome could result. The legal system is not a perfect science and this attorney does not guarantee any outcome.
Insurance Law Lawyer
The above answers are correct assuming that you did not have any assets distributed in your case. If, however, you had assets that exceeded the allowed exemptions, then the creditor would not be discharged unless you can show that it received actual notice of the bankruptcy in time to file a proof of claim. You should know if there were assets distributed because you would typically have to hand over property or money to the trustee.
Also, you mentioned that this was a marital debt. If you were liable for this debt based on your divorce decree, then your chapter 7 bankruptcy would not discharge the obligation you owe to your ex-spouse. This means that the creditor could not sue you directly, but if the creditor sued your ex-spouse, he or she could file paperwork with the divorce court to make you pay the debt.
Social Security Lawyers
The discharge entered in a Chapter 7 extend to an unlisted debt only when both: 1) no assets were distributed to creditors; and 2) no bar date was set.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.