Legal Question in Bankruptcy in Nebraska

Re: Can creditor not listed in filing still collect?

As with lots of legal questions, the answer is "that depends."

The last time I checked, the case law indicated that an non-listed creditor is still barred by the discharge in bankruptcy as long as the bankruptcy was a no assets case.

The theory is that if there were no assets to claim against, the creditor was not prejudiced by not being notified in time to file a claim.

If there were assets which were distributed to creditors in your bankruptcy case, it is possible that this creditor does have a claim.

You should present this question to the lawyer who represented you in your case. Good luck.

Re: Can creditor not listed in filing still collect?

You should have your Omaha attorney write them and tell them to buzz off. In general, if the creditors were never notified to file a claim, you simply tell them that you filed bankruptcy and that should be that. (Very different answer if creditors ever were notified to file claims.) The Minnesota case on point is In re Anderson, though I do not have the cite. (careful--there are two In re Anderson cases in the same book of Bankruptcy Reporter)