Attorney did not add some debts to Chapter 7 BK

jls2205 · 02-11-2008, 06:27 PM

I filed Bankruptcy on 10-15-2005 and was discharged on 5-19-2006 but now as I’m trying to get my Credit back in order, I’ve notice that my Attorney left some of the accounts that I had listed as my Creditors on the bankruptcy Paperwork that I gave to him, Well he somehow did not include a couple of these accounts on my finale Schedule F. Creditors Holding Unsecured Non-priority Claims when he filed the paperwork with the court. My bankruptcy was a NO-ASSET CHAPTER#7 BANKRUPTCY. Should I filed a amendment to my bankruptcy case or does it even matter because it was a chapter #7 no-asset and even if I would listed these accounts they would have received nothing anyhow. I have been told that in a Chapter #7 No-Assets Bankruptcy, All debts that a person has at the time they file listed or not (but you need to make an honest effort to list all your debts) are discharged. Not sure if this is right or not. Anyone know what I should do about this. This attorney has moved out of State of PA and I can't Locate. I guess that's why he only charged me $29.95 no only kidding I'm so mad I have to laugh or I'll start busting things. Thanks

hannah · 02-12-2008, 10:49 PM

Quote:

Originally Posted by jls2205

I filed Bankruptcy on 10-15-2005 and was discharged on 5-19-2006 but now as I’m trying to get my Credit back in order, I’ve notice that my Attorney left some of the accounts that I had listed as my Creditors on the bankruptcy Paperwork that I gave to him, Well he somehow did not include a couple of these accounts on my finale Schedule F. Creditors Holding Unsecured Non-priority Claims when he filed the paperwork with the court. My bankruptcy was a NO-ASSET CHAPTER#7 BANKRUPTCY. Should I filed a amendment to my bankruptcy case or does it even matter because it was a chapter #7 no-asset and even if I would listed these accounts they would have received nothing anyhow. I have been told that in a Chapter #7 No-Assets Bankruptcy, All debts that a person has at the time they file listed or not (but you need to make an honest effort to list all your debts) are discharged. Not sure if this is right or not. Anyone know what I should do about this. This attorney has moved out of State of PA and I can't Locate. I guess that's why he only charged me $29.95 no only kidding I'm so mad I have to laugh or I'll start busting things. Thanks

I don't know anything about BK...calling other members...

jlynn · 02-13-2008, 08:14 AM

There is a thing you can do, and I don't know the correct terminology, and the steps are not in the AOC archive, but maybe someone else will explain in detail. Maybe even Dabster will pop back by, because it was HIS post.

You basically Motion the Court to reopen the BK to include the pre-filing date debts, that were not included in the first round. The courts generally will deny the motion, and declare all debts discharged. That is a formal process, and will cost you a couple hundred bucks in filing fees, if you do it pro se.

If it were me, I would try bluffing my way through it with the argument you stated above.
Are CA's after you, or do you just have things reporting as still due? What are you trying to accomplish, and how much debt are we talking about? If you tell us what Federal District you are in, maybe someone has an opinion from said district to butress your argument.

hannah · 02-13-2008, 02:20 PM

PM me the attorney's name and I'll see if I can find him. Do you have his state bar number?

jls2205 · 02-14-2008, 01:36 PM

The Attorney name was Geary L Hugar 112 Walnut Street Clearfield, PA 16830 814-765-1072 thanks

hannah · 02-14-2008, 01:57 PM

Quote:

Originally Posted by jls2205

The Attorney name was Geary L Hugar 112 Walnut Street Clearfield, PA 16830 814-765-1072 thanks

Are you sure of the spelling? No attorney by that name listed in Martindale Hubbard. And the phone number is OOS.

Enigma · 02-14-2008, 02:34 PM

Dear Mr Attorney,

As you may know my debts were discharged in a No Asset Chapter 7 Bankruptcy on xx/xx/xx.

If you continue to pursue collection activity, I will have no choice but to petition the Court to reopen the case, and add your client to Schedule F. Further, there is case law wherein a no asset bankruptcy if an unsecured creditor was not listed on Schedule F due to an inadvertent error, then that debt would have been discharged as if it were included on Schedule F. Should I have to reopen the case your client may be liable for attorney fees and costs.

Please govern yourself accordingly.

Cordially,

me

centex · 02-14-2008, 03:09 PM

Quote:

Originally Posted by hannah

Are you sure of the spelling? No attorney by that name listed in Martindale Hubbard.

what did they do? Fire Hubbell and bring in this Hubbard guy?

hannah · 02-14-2008, 03:23 PM

Quote:

Originally Posted by centex

what did they do? Fire Hubbell and bring in this Hubbard guy?

Just typed without thinking. Happens sometimes...