In a no asset Chapter 7, if a creditor or collection agency is on the creditors matrix but not on a schedule is it discharged?

You should file an amendment or hire an attorney to file an amendment to list each creditor and provide each with notice of the case. If you have not attended your meeting of creditors yet, when you do the trustee will ask you (under penalty of perjury) whether you listed all your creditors on your schedules. You cannot say yes if you have not listed them. If you answer no, the trustee will likley instruct you to file an amendment or he or she will move to dismiss the case. Generally speaking, though, in a no asset case creditors who did not receive notice of the case cannot enforce their claims but if you have knowledge that a particular creditor was not provided with notice you should amend your petition to notice that creditor.

The answer to your question depends on whether or not the creditors got notice. I believe the court uses the matrix to get the names/addresses of the creditors which get the notice of your BK. You can amend your Schedules and Matrix to include any creditors and/or their agents which have been omitted. If you need further answers, contact me or any BK lawyer.

You'll be fine ... all debts will be discharged.

While unlisted debts are discharged in a no-asset case, I think the better course of action is to file the amendments and notify the unlisted creditors. Many creditors will claim the unlisted debts were not discharge and where will that leave you? Hiring an attorney to reopen your case and beginning contempt proceedings against the creditors for violating the discharge order. An ounce of prevention is worth a pound of cure.

The general rule, quoted in one of my all-time-favorite case names (in re Beezley) is that, In a no-asset case, so long as an unlisted debt/creditor would have been dischargeable had it been listed, it is still deemed discharged, even though it was not listed on the schedule of debts. The rule kicks in the moment the no-asset notice gets filed, but its not "effective" u til the creditor knows about the bankruptcy. Since the creditors were listed on,the mailing matix, its a good chance they recieved the notice of,bankruptcy. they were on the mailing list, they probably received notice of the filing. Howevwr, some creditor buying agencies are kind of jerks about pursuing debtors, so they might still call you. I tell my clients everybody gets one free call: "I filed bankruptcy." Once you tell them that, they should stop calling. If they keep calling, get an attorney to pursue them for possible code violations.

The discharge applies to the debt whether or not the creditor is listed and whether or not they receive the notice. When they receive actual notice, then the Discharge applies to them, even if you notify them later. it is better to make sure all known creditors are scheduled and listed on the mailing matrix list and it would be better if they receive notice from the Court sooner rather than later and trying to stop them from collecting because they didn't about the case. If the case is still open, I suggest amending the schedules and/or the master mailing list to make sure they match and to make sure your schedules are as accurate and complete as possible. If the case is no longer open you can reopen it, but it's not worth it at this point. If a creditor contacts you and alleges they did not know of the bankruptcy, you can inform them at that time, and it is still valid once they received notice. We call it a "Beezley" notification which refers to a case that was decided by the Court on similar facts. you don't have to reopen a case just to schedule a forgotten creditor, all you have to do is give them notice of the filing and of the Discharge.