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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2889
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I filed bankruptcy Nov 2004 and was granted full discharge

Resolved Question:

I filed bankruptcy Nov 2004 and was granted full discharge under chapter 7 Jan 4, 2005 of all debts listed, however there was one debt not listed (unscheduled debt) because a friend who loaned me $25000. to purchase a business asked me not to and I didn't. Now in 2009 she is sueing me for non payment at all of the promissory note dated October 2001. I have paid nothing on this note as the business did not work and was closed. Can I now ask the bankruptcy court to discharge this unscheduled debt? Am I in trouble for not listing it?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 8 years ago.
Since you intentionally did not list it, the argument is that the debt is non-dischargeable. There is case law in some jurisdictions, under the pre-BAPCPA (bankruptcy reform of 2005) that would allow a debt to be discharged if inadvertently left off the schedules.

The current bankruptcy code states that any unlisted debt is not discharged in the case.
You can try to bring a motion to reopen the bankruptcy case, to amend to add that debt. There is a court filing fee to both reopen the case, and to amend the schedules.
You would have to serve notice on that creditor to add. It can be argued that it is bankruptcy fraud by intentionally failing to schedule the debt. It will be up to the judge to decide to reopen the case.
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