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#1
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?? creditors in ch 7 assetWhat is the name of your state?OR I see where it has been stated that if a creditor is left off accidently on a no asset Ch.7 you are still discharged from them. I have a Ch. 7 with a small amount of assets. Am I still discharged the same way if I accidently forget one of the creditors? Thanks |
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#2
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| Let's define no asset. It means the trustee has found no assets beyond what your state allows for an exemption. So, was there a distribution made by the trustee in your case? |
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#3
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Your District (9th Federal District) has ruled that a 'forgotten' creditor in a no-asset case is still discharged. The Ninth Circuit decided it makes no difference that such debts are not listed in the schedules or that no notice was given to the unlisted creditors because in no-asset Chapter 7 cases, proofs of claim are not filed with the court and no assets are available for liquidation. Because, according to the Ninth Circuit, nothing will be paid to creditors there is no harm to unlisted creditors in subjecting their claims to the discharge just as if they had been listed. Therefore, the Bankruptcy Court held that the creditor’s claim was discharged even though it had not been listed and, accordingly, the sums garnished from debtor’s wages after the discharge had to be returned. [url]http://www.idahocul.org/Leagueinfo/cameron/2001/sep01.htm[/url]
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#4
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| What I'm talking of is I have several years taxes that were filed with a possible overall small tax return of maybe a couple thousand. That is what the trustee will get to distribute. So will I not be covered if I forget someone? Or will I? |
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#5
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| Also, forgot to say, my creditors are non secured and the amount of asset I have will not pay 1%. |
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