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Regular Contributor
Posts: 139
Registered: ‎08-27-2007
0

okay, I need backup info (cross-posted)

I filed bk (13) in 2004.  Converted to a bk (7) in 2007.
 
It's my understanding that since my original filing was in 2004 that this is the magic day.  (meaning it's considered "old law" - before all the laws changed.)  If this is true, then my chapter 7 is a blanket bankruptcy that covers all dischargeable debts - whether accidentally left out of the petition or not. 
 
Is this correct???
 
Also, I have a few CA on my CRs from before I converted and was wondering if SOL would even be in affect due to my filing bk.
 
Basically, I am assuming that since I filed bankruptcy 7 under old law that regardless of whether the SOL was up.... they could not collect or sue.... am I right?
 
I know they can still report with a 0 balance.  I was just thinking this would be awesome leverage to get them to do a PFD.
 
Any opinions?  Advice?  Experience?  Knowledge?  I hate assuming things because I'm afraid of failure. 
New Contributor
Posts: 92
Registered: ‎09-26-2007
0

Re: okay, I need backup info (cross-posted)

Honestly, I think that is really a question for your BK attorney. I'm sure you could get several opinions here on this forum, but the only way to be absolutely sure is to verify that with your attorney.

We filed for BK in 2002, and our attorney told us that we had to list each and every creditor, and that if they were not listed on the court petition, then we were still liable for the debt.

So, my opinion is that if you accidentally left someone off your BK petition then you need to pay that debt or have your BK revised to add that creditor. But again, this is really a question for an attorney.
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