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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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In 2009 my husband declared bankruptcy and was discharged in

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In 2009 my husband declared bankruptcy and was discharged in 2010 under a Chapter 7. One of the debts that he listed was a debt to Ray for 80,000.00+. The original loan and note he signed was from Mr. & Mrs. Ray. In listing all his debts to be discharged, he only listed Mr. Ray. My husband just applied for credit and a judgement in the name of Mrs. Ray showed up. The original loan was in both names. The bankruptcy was discharged in Maryland. The note to the Ray's was signed in Kentucky. The judgement was filed here in Maryland in our district court as a foreign debt. Does he owe her?
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

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When your husband filed bankruptcy, were any assets or funds available to be distributed to creditors
Customer: replied 4 years ago.

He had no assets. Our house was in foreclosure and the car was in my name. I did not file with him.

Thank you for your response

Typically when a debtor receives a discharge in a no asset Chapter 7 bankruptcy, omitted creditors are also discharged provided that the debt would have been discharged if properly listed.

Your husband may petition the Bankruptcy Court to reopen his bankruptcy to add an omitted creditor. After he adds Mrs. Ray, it appears that the debt to Mrs. Ray would be discharged

I would be glad to respond to any related follow-up questions that you may have.
Customer: replied 4 years ago.

Thank you. Will the length of time play a role in the Judges decision?


Also, can he file pro se or does he have to go back to the Attorney he used to prepare the documents in 2009? If he can file himself, is there a link you can send me to that might have a sample document? Thank you, XXXXX XXXXX has been a great benefit to us.

Thank you. Will the length of time play a role in the Judges decision?

No time is not a factor that the court will consider. The court will consider whether the debt would have been discharged if properly listed and whether they were assets available for distribution at the time of the bankruptcy

Also, can he file pro se or does he have to go back to the Attorney he used to prepare the documents in 2009? If he can file himself, is there a link you can send me to that might have a sample document? Thank you, XXXXX XXXXX has been a great benefit to us.

He may be able to file pro se. I have not been able to locate the forms online, however the local law library may be of assistance

 

I wish you and your family a very happy 2013

Customer: replied 4 years ago.

Thank you. Could you tell me the name of the form that would be used?

"Motion to Reopen Bankruptcy"
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