topic Re: Re-Open Chapter 7 in Bankruptcy

Re-Open Chapter 7

Anonymous — Tue, 05 Jan 2016 20:32:18 GMT

I have a discharged chapter 7 on 6/2014.

A creditor has popped up and began reporting a debt from 2013. This debt was not inculded in BK. So inorder for the diebt to be included I need to reopen CHapt 7.

My question: Will this effect my discharge date? How should I go about doing this?

Re: Re-Open Chapter 7

StartingOver10 — Tue, 05 Jan 2016 20:46:24 GMT

Why do you think you have to re-open your discharged Ch 7 ?

Read this link, middle of the page: http://www.nolo.com/legal-encyclopedia/leave-creditor-off-bankruptcy-mailing-matrix.html

Contact your attorney.

The creditor is out of luck anyway. Have they been hasseling you for payment? If so, take them to court for a violation of the discharge injunction.

Re: Re-Open Chapter 7

holmesnmanny — Tue, 05 Jan 2016 22:49:18 GMT

As long as there was no disbursement then every debt that is not otherwise undischargable is automatically discharged even if not included in your matrix or schedules. Send them a copy of your discharge along with a reminder that attempting to collect on a discharged debt is a violation of federal bankruptcy code as well as is improper credit reporting of said debt.

Re: Re-Open Chapter 7

pizza1 — Tue, 05 Jan 2016 22:58:04 GMT

you do not need to reopen. With a BK7, any and all debt prior to your filing, whether included in your petition or not, is dissolved, and IIB.

Agree with Starting Over..

Re: Re-Open Chapter 7

Anonymous — Sun, 10 Jan 2016 02:57:48 GMT

I disputed this collection with the CRA but they wont delete as its coming back verified.

I filed a dispute with the BBB with ERS and we have been going back and forth over it. ERS knows that I had bankruptcy and the debt existed before then in addition to mine being a no asset chapter 7 but they refuse to delete.

Any suggestions on what I can do to get this removed? Maybe CFPB complaint?

Re: Re-Open Chapter 7

StartingOver10 — Sun, 10 Jan 2016 14:12:27 GMT

Do as one of the other posters have said, send a strong letter telling them they are violating the discharge injunction and enclose a copy of your discharge. Send it return receipt request. Keep a copy of everything. Give a deadline for removal. If they don't remove it by then, contact either your Bk attorney or another consumer attorney that is familiar with these types of lawsuits. If (when) you win, not only will the CA have to pay your attorney fees but they will have to pay you too.

Re: Re-Open Chapter 7

ezdriver — Sun, 10 Jan 2016 16:31:00 GMT

@StartingOver10 wrote:
Do as one of the other posters have said, send a strong letter telling them they are violating the discharge injunction and enclose a copy of your discharge. Send it return receipt request. Keep a copy of everything. Give a deadline for removal. If they don't remove it by then, contact either your Bk attorney or another consumer attorney that is familiar with these types of lawsuits. If (when) you win, not only will the CA have to pay your attorney fees but they will have to pay you too.

I'd add a copy of the discharge to the correspondence. Also, I agree with the recommedantion to first discuss the matter with the attorney who handled the bankruptcy case.