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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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My brother in law died after filing a petition for bankruptcy.

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My brother in law died after filing a petition for bankruptcy. He got a successful discharge. But a debt acquired prior to the filing and discharge was left out by mistakee. Can we re-open to include the left-out debt by filing a motion even though he passed away
Hie Estate would be able to file a motion to reopen, also under bankruptcy law, if he had a no asset bankruptcy in most Courts rule that all debts even those not included would be discharged anyway, so it may be discharged already. However, it is best to file the motion to reopen to include the debt so there is no issue.

The reasoning is that even if the bankruptcy was re-opened, the result would be the same; the debt would be discharged.
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Customer: replied 3 years ago.

1.But without a personal representative yet appointed, the attorney himself by motion could not file this if time were of the essence? (The bankruptcy did include both him and his wife and so did the discharge; could she as part of the bankruptcy proceeding order the motion without being a PR?


2. You said that even without a motion, a non-included item is likely discharged already; what would the attorney who did the 7 have to provide the unknowing creditor if this "all-included anyway" option were the only one considering time constraints

his attorney should be able to file it, if his spouse was a party sh would be able to file a motion to add the creditor.

Your attorney should review the bankruptcy law in your jurisdiction, case law should be clear on this issue, and he can notify the creditor of the law.
if you send the Notice of Bankruptcy and the Order of Discharge to the creditor, then the chances are pretty good that the creditor will back off. Here is an excellent article by Alexander L. Edgar, Assistant United States Trustee, explaining the legal reasoning of why it is not necessary to reopen a closed “no asset” bankruptcy case to add a forgotten creditor.

http://www.justice.gov/ust/eo/public_affairs/articles/docs/abi012001.htm
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