I filed Bankruptcy on 10-15-2005 and was discharged on 5-19-2006 but now as Iâ??m trying to get my Credit back in order, Iâ??ve notice that my Attorney left some of the accounts that I had listed as my Creditors on the bankruptcy Paperwork that I gave to him, Well he somehow did not include a couple of these accounts on my finale Schedule F. Creditors Holding Unsecured Non-priority Claims when he filed the paperwork with the court. My bankruptcy was a NO-ASSET CHAPTER#7 BANKRUPTCY. Should I filed a amendment to my bankruptcy case or does it even matter because it was a chapter #7 no-asset and even if I would listed these accounts they would have received nothing anyhow. I have been told that in a Chapter #7 No-Assets Bankruptcy, All debts that a person has at the time they file listed or not (but you need to make an honest effort to list all your debts) are discharged. Not sure if this is right or not. Anyone know what I should do about this. This attorney has moved out of State of PA and I can't Locate. I guess that's why he only charged me $29.95 no only kidding I'm so mad I have to laugh or I'll start busting things. Thanks
I can't believe a real attorney would charge you only $30. I'd say you were duped by an unlicensed practitioner. Whether the omitted debts are truly discharged is anyone's guess, but if I were you I would stick to my guns that they were, even to the point of going to the BK court and suing a (former) creditor for violating the permanent injunction. Perhaps you would simply be unable to get them for willfulness...
I agree with this. You must have gone to a bankruptcy petition preparer. No way an attorney would do a bankruptcy for $30, even before the new law.
Guess I do jlynn. To answer the question of the OP: It depends on your jurisdiction. Most jurisdictions hold that in a no-asset case all pre-petition debts are discharged. A few jurisdictions hold that if its not listed, its not discharged. You didn't notice the debts missing from your petition when you signed the paperwork?
No, I was separated from my wife since 1992 and filed in 2005. She had these 2 accounts and I complete forgot about them till I pulled a copy of my Transunion Credit Report and there they were. Joint accounts There both in good standing right now but I want them off my Report because I just filed for a divorce and if she should have financial problems I don't want to be on the hook for $4,000.00 I'm going to send them my BK paperwork and see if that does the trick. Thanks for all the Info.
If you're worried about her defaulting and them coming after you for the money, your report is the last thing you want to worry about. In a divorce, no matter what the paperwork says, if you name is on a loan you are still responsible for it. You need to contact the creditor and ask to be removed from the loan. If you tell them you are filing BK and if they don't remove you from the loan you will include them, they will probably remove you. Your wife is going to have to sign a document saying she will be solely responsible for the debt. Otherwise you're still on the hook.
