Court Judgement during Bankruptcy
I filed for bankruptcy in June 2006. In Feb. 2007 I received notice of a Court Judgement from an old landlord. I did not know about this during the initial list of my creditors. Can this still be included?
Connecting You with Trusted Licensed Insolvency Trustees – We’re Here to Guide, Not Decide. Learn More
This really shouldn’t be a major issue, especially if you haven’t yet received a discharge. As long as the debt relates prior to your date of bankruptcy then all you need to do is inform your trustee of the forgotten creditor. If you are not discharged your trustee will simply send the landlord documents and as long as the amount owing doesn’t fall into the category of debts that are not released in a bankruptcy (and it doesn’t sound like it would) then you shouldn’t have any trouble.
If you have been discharged, you may still be responsible for a portion of the debt, but it would be limited to the amount the landlord would have been eligible to receive should you have listed them in the bankruptcy. For more information relating to this you should contact you trustee and he will be able to explain the reasoning behind this.
As long as the debt orginated before you filed for bankruptcy it can and will be included. The critical question your trustee will ask you is, “when did you move from the location that the claim relates to?” If you moved before you filed then it is straight forward – the etire debt should be dealt with by the bankruptcy. If you didn’t move until after you filed it becomes more complicated.
Regardless, call your trustee and/or send them a copy of the judgment.