Can creditors come after me after a bankruptcy discharge? - Bankruptcy Law Questions and Answers- LawQA.com

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Can creditors come after me after a bankruptcy discharge?

I had a BK Discharge in 2010 and now I have a creditor claiming I owe $1,555 on a apartment from back in 2000. I did not know I had this. Can they come after me?

Goldfarb Law Office, PA
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See if the creditor was listed in your bankruptcy. If it was, remind them of the penalties for pursuing a discharged debt.

Answer Applies to: Minnesota
Replied: 11/2/2011

LAW OFFICE OF MARGARET L. EVANS, PC
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Check the applicable STATUTE OF LIMITATIONS in your state. In South Carolina, the SOL is generally 3 years as to something of that nature. If your facts are correct, that creditor can neither sue you NOR report it any longer on your credit, either.

Answer Applies to: South Carolina
Replied: 11/1/2011

Answer By James Wingfield
Law Offices of James Wingfield
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If the creditor had notice of the bankruptcy case, then the Creditor cannot seek payment from you after the discharge. However, if they did not have notice of the case (and they would only get notice if you listed the debt in your schedules and the creditor in your mailing matrix), then they are free to pursue you to collect the debt. You will likely need to reopen your case and amend your schedules to avoid the debt.

Answer Applies to: Massachusetts
Replied: 11/1/2011

Theodore N. Stapleton, PC
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No, they are in violation of the bankruptcy discharge.

Answer Applies to: Georgia
Replied: 11/1/2011

Answer By Robert S. Cohen
Cohen & Kendziorra, P.A.
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If this debt was not included in your bankruptcy, then, yes, the creditor can attempt to collect the debt from you. You will need to amend your bankruptcy to include this creditor.

Answer Applies to: Florida
Replied: 11/1/2011

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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No, send them a copy of your discharge. A debt omitted by mistake is still discharged.

Answer Applies to: California
Replied: 11/1/2011

Answer By Michael Johnson
Law Office of Michael Johnson
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Yes if you did not list them as a creditor, you can try to reopen your bankruptcy and add the creditor.

Answer Applies to: Florida
Replied: 11/1/2011

The Law Offices of Seth D. Schraier
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If you did not list them as a creditor when you filed for bankruptcy, or list this debt as one of the debts you had when you filed for bankruptcy, then you still owe this debt. This is why it is extremely important that when you file for bankruptcy you list every single debt you have and every potential creditor. If the creditor can show that you had notice of this debt, then you will unfortunately still have to pay off this debt even though you were granted a bankruptcy discharge in 2010.

Answer Applies to: New York
Replied: 11/1/2011

Answer By Daniel Moulton
Law Offices of Daniel Moulton
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The debtrshould be dischargedbut you may have to file an amended Schedule F to add the creditor or open the case back up to add the creditor.

Answer Applies to: Illinois
Replied: 11/1/2011

Answer By Phil Boardman
Philip R. Boardman, Attorney at Law
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They can if they were not included in the bankruptcy in the first place. The good news is that they can be added even after your bankruptcy case is closed.

Answer Applies to: Virginia
Replied: 11/1/2011

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