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I filed and received a Chap.7 discharge. Now someone I never knew I owed is sueing me. What can I do?

Mount Pleasant, TX |

This is a company that bought an old debt. On my credit report the original creditor shows a zero balance, that's why it was not included. The new company never in the 3 years since they bought the debt ever repored to the credit bureaus.

Attorney Answers 4


  1. In my jurisdiction, you would be able to reopen the BKC case to amend your schedules to include the inadvertently omitted creditor, then once the schedules were amended to bring an adversary proceeding to get the judge to rule that the debt is dischargeable.

    There are some jurisdictions which do not permit that process because the law in that jurisdiction is that a debt that is not listed in a no-asset bankruptcy is discharged anyway, even if not listed.

    You need to discuss this situation with a seasoned bankruptcy attorney in TX, or, find a TX bankruptcy attorney here on Avvo and send a specific question to that attorney.

    I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.


  2. Did you list the last known creditor?

    If not, give them notice of bankruptcy and tell them to leave you alone.

    There are some complexities on this topic that you may need to consult an attorney to understand. You did not provide enough information to be able to address the issue.

    Good luck.

    Jim Webster
    www.jpwlegal.com

    1845 S. Dobson Rd. Ste 201
    Mesa, AZ 85202

    (480) 464-4667
    Jim@jpwlegal.com

    We are a debt relief agency. We help people file for relief under the Bankruptcy Code.

    Please contact me directly with document for a free 30 minute consultation to get more concrete advice. This is not legal advice. I don't have enough information to give actual legal advice. I can only take the limited information presented and provide a framework to know how your situation may turn out. I may have questions that bring up issues you did not think were important but make a big difference.


  3. In many judicial circuits, an unscheduled debt is discharged in a no-asset chapter 7. I agree that you need to consult with a TX bankruptcy attorney.


  4. The debt is discharged in Texas as long as your case was a no-asset case. If there were assets and the creditor was not listed, the creditor did not get to participate in the distributions. Therefore, the debt would not be discharged. Send a copy of your discharge to the creditor that bought the debt. If the debt buyer is reporting a balance owed on your credit report, send them a letter advising them to list the amount as 0; otherwise, they are attempting to collect a debt that was discharged in bankruptcy. You should also advise the attorney who filed your bankruptcy case to see if he/she would want to bring a discharge violation.

    Pamela L. Stewart
    Houston, TX

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