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Old 02-15-2006, 02:55 PM
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post bankruptcy

What is the name of your state? Arizona
I am looking for help due to a bankruptcy that did not include all of my creditors. I am now very in debt because the one creditor has pursued my lack of payment to the courts. My dilemma is that I did not hire an attorney but rather a legal aide type of person who filed for me but I also assumed that he would gather all creditors that I had used only to discover that what I thought was a clean slate was not clean at all. Is there anyway I can reopen my case, (it is several years old now) to have this creditor added. Is it just too late? If anyone has any ideas on how to fix my credit besides paying back (mostly interest)the debt that I thought was taken care of in bankruptcy. Thank you for any help.
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Old 02-15-2006, 07:37 PM
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Join Date: Jan 2006
Posts: 191
Ninth Circuit case law interprets the Code to mean that even if a creditor is not included in a bankruptcy, the debt is discharged PROVIDED THAT the bankruptcy is a "no asset" case. If you've already been sued, you need some attorney help. Call a local bankruptcy attorney to discuss your case. I know there are quite a few good ones in Phoenix.

Edit: For case law on the topic, see my response in this thread: [url]http://forum.freeadvice.com/showthread.php?t=304361&highlight=asset[/url]
Last edited by azatty; 02-15-2006 at 07:42 PM.
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