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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 30897
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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When one reopens a Chapter 7 to include debt that was overlooked,

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When one reopens a Chapter 7 to include debt that was overlooked, it does not matter if your situation has improved over the last three years does it? It is based on what your financial situation was like when you filed your initial BK petition?


There were two judgments that my attorney did not know about when filing Chapter 7 in 2010. Since then, my financial situation has greatly improved. I am liquid and own property with equity.

If/when he reopens my BK, my current situation does not matter correct? It matters what my financial statement said when I filed.... or at least, that's what I have been lead to believe.

Judgment was from a debt that was discharged. Attorneys representing that creditor did not know about the BK and filed the judgment.

Also. On top of that. Two of the banks that held the note on homes I owned, debts I discharged, filed judgments to foreclose long after the BK was discharged. Was that due to me being on the deed and had nothing to do with them trying to collect - or was that a violation of the automatic stay the BK petition created?
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

IF the debt that was overlooked was in existence when the petition was filed, then it should be dischargeable even if your position has improved since. This is so because anything acquired/debt incurred after the filing of the petition is not subject to the petition.

Thus, you should be able to re-open and have these overlooked debts discharged.
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