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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 11626
Experience:  JD, MBA
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I filed a bankruptcy back in 1999 ( the kind where you are ...

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I filed a bankruptcy back in 1999 ( the kind where you are absolved of your debt). I inadvertently omitted a creditor who had obtained a judgement against me in 1990. What recourse do I have?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 8 years ago.

Hello and thank you for allowing me to address your legal question.

The general rule is that if a creditor is not listed in your schedule, then that debt is not discharged. However, if you had a no-asset bankruptcy (i.e. there was no distribution to creditors), then the omitted creditor would have received nothing anyway, and therefore he was not prejudiced by not being listed in the schedules. In such cases, a judge will usually include the debt to those discharged if you file a motion.

However, if distributions were made to creditors, then the omitted creditor’s claim will not be discharged by motion since he was prejudiced by you failing to list him in your schedules (i.e. since you didn’t list him, he did not file a proof of claim, and therefore, he did not receive any of the distributions). The exception may be if you can show that he had actual knowledge of your bankruptcy despite not being listed.

If the information that I provided was helpful, please remember to ACCEPT my post as that is the only way I will receive credit and compensation for my answer. However, please understand that my answer is meant for informational purposes only and is limited by the facts presented. Therefore, it should not be construed as “legal advice” and is not an adequate substitute for the retention of legal counsel. Thank you and good luck!

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