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Creditor showing up after files Bankruptcy

Discussion in 'Bankruptcy Law' started by Desirel, May 18, 2020.

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  1. Desirel

    Desirel Law Topic Starter New Member

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    Jurisdiction:
    Maryland
    I had a situation where bankruptcy was filed mistakenly leaving out an old creditor. The reason the bankruptcy was filed was to keep a home I resided to thwart off the HOA.

    however, I didn’t realize there was a creditor in the past who now sent a letter asking for payments to be made on an old debt.

    The real person at issue is my mother and she helped someone out by taking out a loan in her name for the individual. Now the creditor is demanding payment from her after she filed bankruptcy not knowing they were a creditor.

    How can she take care of this situation considering she has limited income and making payments based on the creditor HOA on file.

    thanks
     
  2. Zigner

    Zigner Well-Known Member

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    She should speak with her bankruptcy attorney to untangle this mess.
     
  3. zddoodah

    zddoodah Well-Known Member

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    Translation: At some unidentified date in the past, you (or, apparently, your mother) filed bankruptcy (Ch. 7?) and omitted a particular creditor on your/her schedules. Correct?

    I'll assume that you/your mother received a discharge. Also correct?

    So...this is about your mother and not you, correct?

    She should notify the creditor about the bankruptcy and provide a copy of the bankruptcy court's discharge order. She should also call the attorney that handled the bankruptcy case and ask whether it will be necessary or advisable to re-open the bankruptcy case (it probably won't).
     
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  4. zddoodah

    zddoodah Well-Known Member

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    Additional questions from the other thread you started:

    To say that a bankruptcy is "completed" is ambiguous. The case could be "completed" by being dismissed, without the debtor being discharged, or the debtor could receive a discharge order. I assume you're talking about the latter. Also, if the debtor is making payments to the trustee (which presumably means we're talking about a Ch. 13 case), then the case is not "completed."

    With all that said, once the creditor is notified about the bankruptcy, it must discontinue all efforts to collect until and unless it obtains relief from the automatic stay.

    Depends on all of the relevant facts and circumstances. The debtor should discuss this with her attorney.

    I have no idea what this question might mean.
     

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