Bankr. No.:
02-10036
Adv. No.:
04-1011
Chapter:
7
Date of Decision:
July 1, 2004
Issue:
Whether Debtor was entitled to have discharged under § 523(a)(3) certain judgments he failed to timely schedule in his bankruptcy case?
Ruling:
Debtor was entitled to have discharged the unscheduled debts because the requirements of § 523(a)(3) were met. However, only Debtor's personal liability to the unscheduled creditors was discharged. If the unscheduled creditors held a valid lien on non exempt property, the creditors retained their liens since a discharge under § 523(a)(3) does not affect in rem rights.
Full Bankruptcy Court Decision:
