excluding debts from bankruptcy filing Oregon

[daniel@allcarters.com]

We filed a small claims case in Oregon against a debtor. His attorney phoned us to say that the debtor declared bankruptcy, but that the debtor failed to include us in his filing because he "could not figure out how to contact us". We have not moved and have the same phone numbers, so it would have been easy to contact us. His attorney told us that we can not contact him regarding the debt, collections or the small claims case or it will be considered harrassment. I believe that he intentionally excluded our debt from his bankruptcy filing. Can we pursue a small claims judgement against him?

[Alice Dodd]

Sounds fishy. First, the attorney should be sending you a copy of the bankruptcy filing, and discharge, if their debts have been discharged. If they failed to list you in the bankruptcy and it's been discharged, I think (check on this) that you can still pursue them. Did the attorney give their name and contact number? You need to be notified in writing. Or the guy's having a buddy call you and try to get rid of you by pretending to be an attorney.

[daniel@allcarters.com]

We received a letter from the debtor's lawyer with a copy of the bankruptcy filing in April 09. The bankruptcy was finalized in October 08. The debtor has been in collections since April 08 - so they knew about this before filing for bankruptcy. We recently filed a small claims case against the debtor and he was just served the papers. I think this is what prompted the lawyer to contact us.

[Alice Dodd]

I found an answer on a website http://www.bklaw.com/creditor_information/, scroll down, 3rd question from the bottom. I didn't want to search the forum rules on quoting/copying. Looks like if there were assets distributed, you can still collect, but if it was a "no asset" bankruptcy, you can't.

[Betty3]

Agree, if it was a no asset case, there would be no assets to distribute or collect the debt from.