What to do if I filed Chapter 7 and it became final 2 years ago but I unfortunately left one of the creditors off the list and they are coming after me for payment?

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What to do if I filed Chapter 7 and it became final 2 years ago but I unfortunately left one of the creditors off the list and they are coming after me for payment?

I have left several messages at my attorney’s office with no response. They stated they can garnish my wages. The payment that they want me to make will take money away that I live on.

Asked on January 11, 2013 under Bankruptcy Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, if you did not include this creditor and the bankruptcy has already been finalized, they will not be bound by it--you cannot hold a person to a bankruptcy if they never had notice of it, and so never had a chance to object or file a claim. Therefore, they have a right to sue you for whatever you happen to owe them. They do not have to take your living expenses or costs or finances into account--if you do not agree to pay them what they want, they can go ahead with the lawsuit. If they sue you and can prove you owe the money, they will presumably win and if they win, they can then likely garnish your wages.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upon what you have written about due to an error in listing this one particular creditor on your bankruptcy schedule this creditor's debt was not discharged in your bankruptcy and you unfortunately are not stuck with paying off this obligation under federal bankruptcy law.


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