May 28, 2022

Volume XII, Number 148

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May 27, 2022

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Michigan Court of Appeals Says Unscheduled Debts Are Not Discharged in Bankruptcy

The Michigan Court of Appeals in a recent unpublished opinion, held that debts which are not included in debtors' bankruptcy schedules are not discharged in the bankruptcy so creditors are free to collect the debt. The court's decision is unpublished so it has limited precedent value, and could be appealed, so stay tuned.

Still, the decision is somewhat surprising as a 1998 Sixth Circuit Court of Appeals case has held that unscheduled debts in Chapter 7 no-asset bankruptcy cases are discharged even though the creditor was not given notice of the bankruptcy.

© 2022 Varnum LLPNational Law Review, Volume III, Number 67
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About this Author

Randall J. Groendyk, Varnum law firm Creditor's Rights Attorney, Civil Litigation Lawyer
Counsel

Randy focuses his practice on creditor's rights law, including collections, bankruptcy, landlord-tenant, claim and delivery, foreclosure, and commercial and general civil litigation. His specialties also include Fair Debt Collection Practices Act and Fair Credit Reporting Act defense and compliance review.

Honors & Recognitions

Martindale-Hubbell® Distinguished™ Peer Review Rated

Professional Affiliations

ACA International

Commercial Law League of America

Grand Rapids Bar Association

Michigan Association of Collection...

616/336-6573
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