Forgot to List a Creditor In Your Chapter 7 Bankruptcy?
By Bankruptcy Attorney on Feb 4, 2007 in Debts Not Dischargeable
In a Chapter 7 Bankruptcy Petition filed in the United States Bankruptcy Court for the District of Colorado this issue is relatively well settled. However, it is important to remember that there are exceptions and speaking to a bankruptcy attorney is the best way to handle such a matter.
If the debt is a pre-petition debt or, in other words, a debt incurred prior to the filing of the Bankruptcy Petition and was not listed in the Bankruptcy Petition. It is generally accepted that even though you may have omitted the debt, the debt was discharged in your bankruptcy.
This is because of case law on bankruptcy. Case law interprets the rules of bankruptcy. The interpretations are made by a bankruptcy judge. In Colorado, it is well settled that an unsecured debt not listed in a Chapter 7 Bankruptcy Petition, where the case was determined by the Trustee to be a no asset case, is considered discharged. See In re Padilla, 84 B.R. 194 (Bank. D. Colo. 1986).
Again, a bankruptcy attorney can help you with any questions in your specific situation.
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