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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 10-06-2005, 09:48 PM
lfr lfr is offline
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Join Date: Apr 2005
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Question

?? creditors in ch 7 asset


What 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
  #2  
Old 10-06-2005, 10:13 PM
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Join Date: May 2001
Posts: 6,455
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?
  #3  
Old 10-06-2005, 10:47 PM
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Location: Somnambulist University
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Quote:
Originally Posted by lfr
What 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
Actually, the issue of a 'forgotten' creditor in a no asset chapter 7 is NOT universal... as some courts say the claim is discharged anyway... and other districts say no.

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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Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!

Last edited by JETX; 10-07-2005 at 02:32 PM.
  #4  
Old 10-07-2005, 11:29 AM
lfr lfr is offline
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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?
  #5  
Old 10-07-2005, 11:31 AM
lfr lfr is offline
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Posts: 21
Also, forgot to say, my creditors are non secured and the amount of asset I have will not pay 1%.
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