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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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What if a debtor calls after you have received your discharge

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What if a debtor calls after you have received your discharge papers? I've looked on my petition and it is listed but, the balance is Zero... and the balance due is 5500. Is it still taken care of?
Hi JACustomer,
Did that creditor contact you?
Customer: replied 6 years ago.
yes
The only problem with entering the wrong amount on a Bankruptcy petition is if the omitted amount is high enough to bring the total debt above the amount allowed to be discharged in a Chapter 7 proceeding. Otherwise, the amount does not matter. What matters is that the creditor was listed.
Additionally, this creditor might not know that the amount listed was zero, because creditors do not automatically receive that portion of the petition - they only automatically receive the "Notice of Chapter 7 Bankruptcy Filing".
In any event, any debt that was owed this creditor at the time that you filed is discharged, even if "zero" was entered as the amount owed.
Customer: replied 6 years ago.
If there is a wrong amount listed like you said... are you telling me either way it's taken care of because the account # XXXXX XXXXX in the petition?

I gave the creditor my laywers name and number and they said they would update my account. So, then do I have to contact my lawyer to give them this information?

Thank you

Yes - even if the amount was wrong, the debt is discharged. It would be discharged even if the account number was not entered.
You should definitely notify your lawyer.
Customer: replied 6 years ago.
What if the name of the debtor wasn't listed on your petition? Is ALL credit card debt erased even if you don't list it?
In some Bankruptcy court districts, all debt is discharged, even if it is not listed on the petition. I'm not sure about your district. However, your attorney will know.
In other districts (the ones where debts not listed are not discharged), the debtor can file a motion to re-open the Bankrutpcy case, and then add the debt that was not listed.


Edited by Christina Fortunato, Esq. on 7/5/2010 at 11:54 PM EST
cfortunato and other Bankruptcy Law Specialists are ready to help you
In the other districts (the ones where debts not listed are not discharged), the debtor can file a motion to re-open the Bankruptcy case, and then add the debt that was not listed.