If the creditor is not included in the list of debts to be discharged in the bankruptcy the claim remains intact. However, an argument could be made that if the creditor knew of the bankruptcy he had an obligation to present his claim to the court.
I was involved in a collection case years ago in which the creditor had let the debt run for almost the whole 6 year statute of limitations. When he sent out a demand for payment he was informed that the debtor had filed bankruptcy years earlier. When I reviewed the court file I found out that my client 's claim had not been included among the list of debts to be discharged. It was too late for the debtor to amend his petition to include my client. My client had no knowledge of the bankruptcy until he sent the demand letter. The debtor was still liable to my client for the full claim.
to post a reply:
login - or -
register