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The Beasley Act

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Regular Contributor

The Beasley Act

Is anyone here familiar with the Beasley Act, and if so can you tell me where I can find it? The Beasely Act, if I'm not mistaken, states that any item that was pre-bankruptcy, is automatically included in the BK and the debt is automatically wiped out.
Message 1 of 5
4 REPLIES 4
Established Contributor

Re: The Beasley Act

Any creditor or account is not automatically included in any bankruptcy chapter that is filed. If you forgot to add a creditor then you better speak with your attorney. After whatever tiem period is allowed by law after you filed you may be out of luck.
Message Edited by CreditBob on 04-10-2009 08:03 PM
Message 2 of 5
Regular Contributor

Re: The Beasley Act

I got this information from my attorney, and anytime a creditor calls me that was not included in the bk, my attorney calls them and informs them of the Beasley Act, and they promptly remove the item from my cr.
Message 3 of 5
Established Member

Re: The Beasley Act

I think this what you are looking for -  (b) Except as provided in section 523 of this title, a discharge under subsection (a) of this section discharges the debtor from all debts that arose before the date of the order for relief under this chapter, and any liability on a claim that is determined under section 502 of this title as if such claim had arisen before the commencement of the case, whether or not a proof of claim based on any such debt or liability is filed under section 501 of this title, and whether or not a claim based on any such debt or liability is allowed under section 502 of this title.

In California and all states that are under the jurisdiction of the United States 9th Circuit, the controlling law is that even if you failed to list a debt in your bankruptcy schedule of debts, the debt is still eliminated. Therefore, a debt collector cannot legally collect debts that had been incurred prior to the bankruptcy filing. Failing to list the debt does not mean you did not eliminate it.

Message 4 of 5
Regular Contributor

Re: The Beasley Act

That is exactly what I am looking for. Thank you for all of your hard work.Smiley Happy
Message 5 of 5
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