Legal Question in Bankruptcy in Louisiana
bankruptcy discharge
What happens if a debtor files for bankruptcy protection and obtains a discharge order but fails to list and notify a specific creditor of the bankruptcy? Is that debt discharged or not (assuming that the debt would be otherwise dischargeable)?
1 Answer from Attorneys
Re: bankruptcy discharge
This generally depends upon whether the bankruptcy case was an asset case or a no-asset case - that is, did the trustee seize any of your assets (usually an income tax refund or bank account balance, but other property may also be seized. If it was a no-asset case, the debt is discharged whether you listed it or not. If it was an asset case, it may not have been discharged because, by not listing the creditor, you deprived the creditor of the right to receive some of the proceeds of the asset the trustee seized. If you don't know whether your case was an asset case or not, check with your attorney.
Good luck.
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