Q: Error on 7 bankruptcy wrong amount owed 2 yrs ago discharge
Can they still come after me
A: No, not as long as the debt was properly listed in your schedules.
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
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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
