Judgement not listed on my bankruptcy

[Anonymous]

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@ScoreBooster wrote:

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@Anonymous wrote:

Just spoke with my lawyer.  He says that this account was not listed, and therefore was not discharged in the BK

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Was it a no asset CH7?

If so, the account should be discharged as well - even if it was NOT listed. Strange comment from your attorney...IF you were a no asset case.

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Unless specifically included, it is almost never automatically discharged.  That said, in a no-asset Ch. 7 it is extremely common to file a motion to modify Schedule F even years after discharge.

[Anonymous]

well, I have no assets, so I assume it was a "no asset" chapter 7.  I am going to seek a second opinion. 

[chasmith]

In an asset case the Trustee takes and sells assets for the benefit of the creditors.  If you didn't surrender anything to the Trustee you were a no asset case.

You may want to set up a PACER account and pull the documentation for yourself before meeting with a second attorney. 

Out of curiousity, is the attorney who handled your case a specialist in BK?  From what you've been indicating he says, it seems he's not practicing in the BK court regularly - I would want to use an attorney who is in BK court, hearings, etc. every month.

[Anonymous]

ok, so here is some more information on my case...

the 3 major debts I had were

creditcard - citibank

auto loan - credit union

credit line - credit union

my car was reposessed back in 07 .... 2 years before I filed for BK .... the outstanding debt was discharged in the BK.  The debt that was not listed in the BK is the line of credit from the credit union.  So that account had no asset linked to it.  Does this make it an asset case?  If so, is there anything I can do?

[chasmith]

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@Anonymous wrote:

ok, so here is some more information on my case...

the 3 major debts I had were

creditcard - citibank

auto loan - credit union

credit line - credit union

my car was reposessed back in 07 .... 2 years before I filed for BK .... The outstanding debt was discharged in the BK.  The debt that was not listed in the BK is the line of credit from the credit union.  So that account had no asset linked to it.  Does this make it an asset case?  If so, is there anything I can do?

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No, I think you misunderstand, the term "asset case" is very specific to bankruptcy.  A "no asset case" is one where there are no assets for the Trustee to take and sell for cash that is then used to pay a distribution to your creditors.  I think that's what happened in your case.  Look for the thread on the boards here about using PACER and look at the documents from your case.  There will be one that tells you it was determined to be a no asset case.

[Anonymous]

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@Anonymous wrote:

ok, so here is some more information on my case...

the 3 major debts I had were

creditcard - citibank

auto loan - credit union

credit line - credit union

my car was reposessed back in 07 .... 2 years before I filed for BK .... the outstanding debt was discharged in the BK.  The debt that was not listed in the BK is the line of credit from the credit union.  So that account had no asset linked to it.  Does this make it an asset case?  If so, is there anything I can do?

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Another way to look at this -- and I know it can be confusing -- is that a no-asset Ch. 7 is basically where all your debts were discharged and you lost nothing, zilch, zero, nada that was given to the trustee to pay any creditors.

As Chasmith recommended, you can check online or you can call your BK attorney and ask him.  Chances are yours was a no-asset case.