Legal Question in Bankruptcy in California

If a particular crediter isn't specifically named in a bankruptcy, but the bill is from a period of time prior to the bankruptcy, is it still discharged under the bankruptcy?

Asked on 6/09/11, 4:07 pm

2 Answers from Attorneys

Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

Yes. If the case is finished and the debtor already received a discharge, the debtor may need to bring a motion to reopen the case to get the discharge. If the case is still open, the debtor can amend the schedules to add the omitted debt.

As a practical matter, many creditors will simply write off the debt, rather than making the debtor go back to court to reopen the case.

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Answered on 6/09/11, 4:20 pm

Yes. If a debt is inadvertantly omitted from the filing, but had it been listed it would have been discharged, it is discharged despite not having been listed. The case is In Re. Beezley, 994 F.2d 1433, 1434 (9th Cir.1993)

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Answered on 6/09/11, 4:20 pm

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