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Discharge question


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If your discharge was a no-asset chapter 7 case then everything was discharged regardless of if it was formally written on your schedule. There is case-law to support this. (in re Madaj, 6th district)

Basically the court said it is pointless (and a waste of the Court's time) to require a no-asset debtor that has been discharged of his obligations to incur the time and expense of re-opening the case to amend the creditor schedule, and suffer through a hearing, as it would ultimately not affect the outcome. The creditor would still be barred from collecting. The exception is if the creditor accuses fraud or willful concealment of the debt from the bankruptcy court...then the creditor has to go through the time and expense of reopening the case, and proving you should have to pay, before they can do anything.

Although this ruling is out of the 6th, the other districts have adopted it equally.

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