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What if you forget or did not know to include a potential debt you are owed when filing for bankruptcy?

Person was fired by Employer in 2006, filed for Chapter 7 bankruptcy in 2007, and received a final discharge in bankruptcy in 2008. Person now wants to sue Employer on a claim that accrued during his employment. Forgetting about statutes of limitations on the claim, would any recovery on the claim be included in his bankruptcy estate for the benefit of the creditors? In other words, could the bankruptcy be re-opened so that creditors get a shot at his winnings? Would they need to be notified if a suit against Employer was brought?

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Upon the filing of a Chapter 7 bankruptcy case, all of the debtor's property is subject to the control of the Chapter 7 Trustee, including any property the debtor fails to disclose. An undisclosed asset remains subject to the trustee's control and subject to the jurisdiction of the Bankruptcy Court, even after discharge.

The prepetition contingent cause of action against the employer is an asset and property of the debtor's bankruptcy estate under 11 USC Sect. 541(a)(1). If this contingent claim was properly disclosed in the debtor's schedules, and the trustee did not elect to administer that property at the time of closing the estate, then that property (the contingent claim) is abandoned to the debtor and the debtor is free to pursue it.

However, your question seems to indicate that the contingent claim, which you refer to as "potential debt you are owed", was not disclosed in the Chapter 7 Petition. Since that contingent cause of action existed at the time of filing the Ch. 7, but was not properly scheduled, then it is not deemed abandoned by the trustee and remains property of the bankruptcy estate subject to administration by the trustee, notwithstanding the entry of discharge., That is because any property of the estate that is not abandoned under Sect. 554, but has not been administered in the bankruptcy case, remains property of the bankruptcy estate under Sect. 554(d).

Therefore, if the claim is to be pursued, a motion to reopen the bankruptcy case should be filed under Sect. 350(b), so that the undisclosed asset can be properly administered by the trustee. If the case is reopened, then all of the creditors listed in the original petition would get notice of the reopening. The trustee at that time may decide the claim is not worth the trustee's time and effort to step in and pursue as the real party in interest, in which case it would be abandoned by the trustee and could then be properly pursued by the debtor.

If the trustee does choose to pursue the claim, however, then any monetary recovery would be for the benefit of the bankruptcy estate, subject to any claims of exemption by the debtor.
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