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Okay can you guys critique this letter, and add or remove as necessary? I have looked up all the info already from this site referring to this situation.

I left of the Electric Company on my Creditor Matrix. The lady who handles this for the Electric Compay says she wants a copy of the Matrix showing them included. I have already sent my discharge papers, but she said that's not enough. And she sent this on to a collection agency also. I have typed up the following letter, but I don't know if this is gonna be enough...

If this doesnt work, am i gonna have to try and re-open the case> I filed Pro Se. Ch.7 No Asset.

Help-- July 18th 2005

Attn: Sheryl

Sumter Electric Co-Op


Per our conversation, you are requesting the creditor matrix listing Sumter Electric as discharged in the Chapter 7 Bankruptcy discharge. Case XXXXXXXX.

I have reviewed all of my documentation, and spoken with the Jacksonville Courthouse, regarding Sumter Electric not being listed in the Creditor Matrix. I was informed that although you were not listed, the debt is still considered discharged due to the Case being ‘No Asset’. Please see the below mentioned that was provided to me.

(1)Courts say that unlisted debt is discharged in no-asset cases have carefully read Section 523(a)(3)(A). This section excepts debt from discharge if they were not listed in time for the creditor to file a timely proof of claim. The proof of claim is used by the Trustee to determine the proportion to divide the debtor's assets between the creditors. In a no-asset case, there will be nothing to divide and no reason to file a proof of claim. As a result, in no-asset cases the bankruptcy notice instructs creditors that they are not to file a proof of claim. Courts taking this position reason that since it will never be too late to file a proof of claim, a debt is not excepted from discharge because it has not been listed. Cases in which the courts reach this conclusion include: In re Madaj, 149 F.3d 467 (6th Cir. 1998); Judd v. Wolfe, 78 F.3d 110 (3rd Cir. 1996); Stone v. Caplan, 10 F.3d 285, 289, n. 13 (5th Cir.1994); and In re Beezley, 994 F.2d 1433 (9th Cir.1993). [8-99]"

(2)"The Ninth Circuit decided it makes no difference that such debts are not listed in the schedules or that no notice was given to the unlisted creditors because in no-asset Chapter 7 cases, proofs of claim are not filed with the court and no assets are available for liquidation. Because, according to the Ninth Circuit, nothing will be paid to creditors there is no harm to unlisted creditors in subjecting their claims to the discharge just as if they had been listed. Therefore, the Bankruptcy Court held that the creditor’s claim was discharged even though it had not been listed and, accordingly, the sums garnished from debtor’s wages after the discharge had to be returned."

Therefore, accordingly, I am unable to reopen my Bankruptcy case, since the debt is still considered discharged. I have provided you with the discharge papers, which should be sufficient to correct this account. If I can be of any further assistance, please call me.

Thank you,

John Debtor

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