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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2901
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I received a C7 discharge in late November and just got a notice

Resolved Question:

I received a C7 discharge in late November and just got a notice of a small claims court action for a debt incrurred prior to the filing and discharge. What do I do with it now ?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 5 years ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

You should send the bankruptcy notice, discharge, and copy of schedule F with the debt to the creditors attorney

Terry L. :

IF the debt was listed on the schedules, and there were no objections, then the debt was discharged.

Terry L. :

IF you left the debt off the case, and there were no assets in the case, then the same result, still discharged.

Terry L. :

You may want to confirm with the attorney that the case will be withdrawn once you send them the bankruptcy information.

Terry L. :

If the debt was listed, and they still came after you, you would have a case against them for violation of the discharge order.

Terry L. :

You can talk to your attorney (or hire one) to pursue discharge violations.

Terry L. :

Thanks for your question, good luck to you. let me know if you have any other questions.

Customer:

there are no lawyers invovled as they filed it themselves as a small claims action as it is only about $ 750. The debt was not listed (as I had forgotten about it as its almost a year old), but there also were no assets for distribution to any creditors and it was not a secured debt, so it sounds like it is also discharged. So do I notify the court or just the Plaintiff ?

Terry L. :

You should file an answer, and use the bankruptcy as an affirmative defense.

Terry L. :

send the bankruptcy info though to the plaintiff

Terry L. :

You may have to go back to bankruptcy court to amend the schedules in some instances, if the state court judge is not familiar with the bankruptcy case laws.

Terry L. :

You'll have to contact a Massachusetts attorney to get the specific case law, as it varies by jurisdiction around the country

Customer:

ok - is it acceptable to just file a motion for dismissal based on the discharge rather then a response ?

Terry L. :

You would first have to file an answer to the complaint before you can file a motion to dismiss. You have to establish yourself as a party in the case by filing the appearance, etc.

Terry L. :

once you file your answer, (in it you should deny the complaint as discharged in bankruptcy).

Terry L. :

You can probably find the local case law too, by googling 'is a debt i forgot to list discharged in bankruptcy in Mass?"

Terry L. :

any other questions?

Customer:

ok thanks

Terry L. and other Bankruptcy Law Specialists are ready to help you