A bill from same creditor shows on credit report but it is different amount and account number than listed on schedule F. Would creditor still have to accept the debt to be discharged per the court?
Yes, the amount and account number are not critical. In a no asset case, they get nothing, assuming the debt is subject to discharge. Tell your attorney if they continue to dun you after the petition is filed.
I am not your attorney unless you and I have signed a retainer agreement. What I am saying is not legal advice. Do not act on this information without engaging my services, this is for consideration only.
As Attorney Brewer pointed out the account number and amount is not critical,. As long as the creditor receives notice that is what is important. All creditors listed on your creditor matrix would receive notice, any creditors on D,E and F are automatically uploaded when your attorney filed the petition. If the creditor does contact you ,that could be a violation and you should contact your attorney.
In order to discharge a debt, the creditor just has to have actual notice of the bankruptcy case. The Notice of Commencement which goes to each listed creditor does not specify the debt, just the Debtor. If the creditor was properly listed as to its name and address, any and all dischargeable debts owed to that creditor from that Debtor are discharged.
You should challenge the accuracy of your credit report.
If the creditor responds that the debt is still active, then you may reopen your bankruptcy case to hold them in contempt, or sue in federal court under the Fair Credit Reporting Act.
Posting questions anonymously and receiving general answers do not substitute for consulting with an attorney licensed to practice in the jurisdiction in which you live. Answers posted here by Kevin C Gleason are only intended for general education of the public on legal matters. Please consult a qualified professional before deciding what to do about your situation.
The Notice that is circulated by the Bankruptcy Court does NOT identify any particular debt by account number or amount. Instead, it simply notifies the Creditor of the pending Bankruptcy. I am confident that no Bankruptcy Judge would ever accept an argument from a Creditor that they indeed received notice of the Bankruptcy case but that it only applied to one of their debts since the others were not listed on the Bankruptcy Schedules. The Bankruptcy Code indicates that if a Creditor has notice or actual knowledge of the bankruptcy, any debt owed to them (even if not listed) will be discharged [See Section 523(a)(3)]. Moreso, if you perchance had a Creditor in which you owed multiple debts to, and listed multiple accounts on your schedules (this often happens if you have medical debt that is owed to a hospital, etc.); when you check your mailing matrix, you will find that the Court did not send multiple notices to the same address, the Creditor only gets one notice even if you list multiple accounts in your schedules. This is simply done to minimize the mailing costs for the Court. A strong letter from an Attorney would most assuredly end the nightmare for you. Good Luck.
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The bankruptcy discharge order covers all debts even if not listed. If there are estate assets in your case that were liquidated for creditors, a creditor not noticed of the bankruptcy may be able to request that the Court consider their debt nondischargeable as they were not able to put in a proof of claim to get paid out of the proceeds. An unlisted creditor can also reopen a case to attempt to prove that their debt should be nondischargeable for reasons such as fraud. However, if yours is a no-asset case, all debts will be discharged whether listed or not, and once you give actual notice to a creditor holding a discharged debt they need to stop contacting you.
This is general information only and no attorney-client relationship is intended without a written agreement. Your unique situation and specific facts may require a more in-depth analysis. You may contact us at (206) 420-8710 or visit soundadvocates.com/bankruptcy for more information.
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