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  • Reopening a Chapter 7 no asset case to add a creditor


    Reopening a Chapter 7 no asset case to add a creditor

    Reopening a Chapter 7 no asset case to add a creditor: To reopen a Chapter 7 bankruptcy case, the Debtor must must met his / her burden to
    establish cause to reopen. In this case, Debtor was held to not have met his burden because reopening the case merely to amend schedules would not affect the dischargeability of the debts to be added. If the debt was fraud, it was not dischargeable and if the debt was not fraud, it was already discharged.

    “In a no-asset chapter 7 case, unless ordered otherwise, all of a debtor’s prepetition debts—both those scheduled and those not scheduled—are discharged upon entry of the discharge order, except for those debts which are of the kind specified in section 523(a)(2), (4), or (6)(Fraud).” Rollison, Western District of Virginia