Can do anything if I filed bankruptcy almost a year ago but am now getting a call from a bank that closed an account of mine 5 years ago?

I never had any information on this debt nor was it on my credit report. Due to this it did not go on my bankruptcy. Is there anything I can do?

Asked on July 24, 2014 under Bankruptcy Law, Michigan

Answers:

Nick Best / Detroit Lawyers, PLLC

Answered 6 years ago | Contributor

Depending on your case and situation, you might be able to discharge the debt that you owe the bank.

Since I don't have all the facts of your specific case I'll go off the most common situation which is a "no asset" Chapter 7 consumer bankruptcy. Basically, if all of your assets (cars, bank accounts, home equity, etc.) are exempt, the trustee will probably file a report of no distribution meaning that none of your creditors will receive anything through the bankruptcy. 

So even though you didn't list the creditor on your petition they didn't miss out on anything. Technically you may be required to reopen the case to add them. But even if you did, they wouldn't receive anything despite the fact that they didn't have an opportunity to object because there wasn't anything being distributed to your creditors. 

A lot of people in this situation will have success just telling them that you discharged all your debt that you incurred before the filing date and give them a case number and/or notice of bk if you want.


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