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What Happens to a Creditor’s Claim not Included in a Discharged Chapter 7 Bankruptcy Filing?

March 11, 2011 Banking & Financial Services Industry Legal Blog

By: Harry M. Wilson, IV, Esq. and James D. Stone, III

Sometimes, either intentionally or inadvertently, a debtor will fail to list a creditor or schedule a debt in a bankruptcy proceeding. When this happens the creditor can often be unaware of the proceedings and, as a result, miss the deadline for filing a proof of claim. However, a debt owed to a creditor who had neither notice nor knowledge of the bankruptcy in time to file a proof of claim or to file a complaint for determination of dischargeability of the debt under section 523 of the Bankruptcy Code will not be discharged. . . click the title to read more. . .

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