Q: What can I do if my Bankruptcy Attorney missed two debts that were supposed to be included in my chapter 7?
My bankruptcy was discharged August 2013. I have recently received a bill from two separate companies that my attorney mistakenly left out of my chapter 7 bankruptcy. I have been trying to contact my attorney to see if he can correct these two mistakes for the past 10 months without any luck. Can I just send a copy of the discharge notice, which includes the official date of discharge, to these two companies to clear this issue up once and for all? The good news is, neither of these two debts are listed on my credit report as of yet, and I would like to keep it that way. Thank you.
A: Absolutely, send them a copy of your discharge. If your case was closed as a no asset chapter 7 then the debts were discharged even though they were not listed. Provided they are of the type that could be discharged. Send the creditors a copy of your discharge by certified mail. If that does not stop them from contacting you, have your attorney or hire another to send then a letter explaining they are violating the discharge injunction. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.
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