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Can you be sued by a creditor that wasn't included in your bankruptcy filing?
Wiki User
∙ 16y ago
Sure. If they were included they couldn't.
Kind of make sense doesn't it?
You file BK for protection from creditors and are required to list them all, so among other things, they get notice and are included as creditors with an ability to file and collect the debt as a claim against the assets.
You don't include them to be protected from them or for them to participate in the BK. You really can't expect to have the bar of separate action to extend to them.
In fact, as you were required to list all debts & assets, (not just pick and chose what you wanted), and swore you did so to the court in your filing, the Court has been known to get very upset about things like this and frequently asks it be prosecuted as fraud.
Wiki User
∙ 16y ago
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Can you file bankruptcy on your house after chapter 7 discharge?
Your mortgage should have been included in your chapter 7 discharge. If it was- then you are no longer liable for the mortgage, but the lender can still foreclose on the property. If the mortgage was not included- then why wasnt it included.
If an account was not listed on the creditor's list of a chapter 7 is it still dischargable under the bankruptcy?
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How will a current mortgage loan since 1998 be reported now on your credit report when you filed chapter 7 bankruptcy in 2002?
Shouldnt be an issue as long as it wasnt included in bk. and is current(no lates). You can get a free credit report and check yourself to be sure and if something doesnt look right contact your mtg. holder for an explaination.The site for this is located at annualcreditreport.com . This is the only real free site.
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