Legal Question in Bankruptcy in Illinois

I recently filed chapter 7 in the state of IL. I forgot to include an unsecure loan in my bankruptcy. My case was d/c and closed, but b/c they weren't included they are coming after me for the monies due. Can they do that, or am I protected by the bankruptcy law, and how long after my case was closed can I do an amendment to include them?


Asked on 2/03/10, 12:29 pm

2 Answers from Attorneys

Charles Dobra Charles Wm. Dobra, Ltd.

When I receive questions like this, I always have the thought that you should pose the question to the lawyer who represented you in the bankruptcy proceeding. Nevertheless, I think that the proper procedure would be for you, or your lawyer, write the creditor, and enclose a copy of the Order of Discharge. Good Luck.

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Answered on 2/08/10, 1:10 pm
Frank Vosholler Law Office of Frank L. Vosholler III

In IL, There is case law called the mendiola law. Basically, any money you owe at the time of filing is discharged. So, just proceed the way Mr. Dobra instructed.

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Answered on 2/09/10, 11:34 am


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