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A.J.
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Experience:  Experienced consumer bankruptcy attorney.
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I filed Chapter 7 bankruptcy and received a discharge. The

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I filed Chapter 7 bankruptcy and received a discharge. The case as a "no asset" case. After the case was closed, i received bills from 2 creditors I forgot about. The were not on the matrix. The bills were for medical services rendered prior to the date on which I filed bankruptcy, and would have been dischargable.

Do I have to file a motion to reopen to include these bills or is there another procedure I can use?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  A.J. replied 2 years ago.

SavyLawyer :

Hello, and thank you for contacting Just Answer.

SavyLawyer :

Did you work with an attorney during this bankruptcy?

SavyLawyer :

Also, what state is this in?

Expert:  A.J. replied 2 years ago.
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Expert:  A.J. replied 2 years ago.
As a purely technical matter, yes, the case needs to be reopened and the petition amended to include those creditors, that is what the bankruptcy code section 523(a)(3) says. Having said that, there is significant disagreement among the district and circuit courts as to whether or not this is actually necessary. The ninth circuit court, for example, has ruled that debts not listed in a no assets chapter 7 case are still discharged as a matter of law. Other courts follow the strict terms of the statute, and still others will allow a re-opening of the case and make the debtor explain to the court why the debts weren't listed and why they should be discharged now.

Most courts follow the debts discharged as a matter of law approach, meaning that reopening the case is unnecessary because unlisted debts are still discharged in a no-assets case. If you have an attorney you worked with, you can have them send the order of discharge to the creditors, or you can do so yourself, that may be sufficient to have the creditors back off.
A.J., Attorney
Category: Bankruptcy Law
Satisfied Customers: 4282
Experience: Experienced consumer bankruptcy attorney.
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