Athol, MA asked in Bankruptcy for Massachusetts

Q: Error on 7 bankruptcy wrong amount owed 2 yrs ago discharge

Can they still come after me

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4 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: No, not as long as the debt was properly listed in your schedules.

Lloyd M. Nolan
Lloyd M. Nolan
PREMIUM
Answered

A: The main things are that the Creditor was listed and you received your Discharge. Assuming they were listed, the Creditor was on Notice of your Bankrutptcy and was sent Notice of the Hearing and Right to Object or File a Complaint to Determine Dischargeability. The Creditor was also sent a Notice of your Discharge. The amount listed does not matter, so long as the Creditor received Notice,

Robert Simonian agrees with this answer

W. J. Winterstein Jr.
W. J. Winterstein Jr.
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: The crucial part is ensuring that the creditor gets timely notice of the bankruptcy from the Bankruptcy Clerk, which means you/your lawyer must ensure that the addresses of each creditor are correct. Once the creditor receives notice of the bankruptcy filing, it's on the creditor to file a proof of claim showing the amount due on the account.

So, if you listed the creditor's address correctly on your Schedules and Mailing matrix, OR, if the creditor had actual notice of your filing and the case number from you or someone other than the Bankruptcy Court, your discharge should still bar the creditor from further proceedings against you.

Robert Simonian agrees with this answer

Robert Simonian
Robert Simonian
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Fall River, MA
  • Licensed in Massachusetts

A: As long as the creditor was properly listed in your schedules (correct address) and they received proper notice and it was a dischargeable debt you are ok.

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