Is my lawyer trying to pacify me??

[Cycleguy]

I am in my 59th month of completing my Chapter 13. I for the first Time in November pulled a copy of my Transunion credit report. I noticed a judgement on there from 09/07, I filed BK in February 08. Problem is the creditor who filed the judgement isn't listed on 13datacenter.

So I proceeded to ask my lawyer about this in November, no response... In December, no response... I asked again last week, here is my original question and their response.

ME: Mrs. XXXXXXXX I pulled a copy of my credit report (Transunion) a week ago and this entry is showing (I sent them a copy of the report). I would have thought this would have been covered by my bankruptcy?

Also when I look on 13datacenter this particular creditor doesn't show up.

THEIR FIRST RESPONSE: With regards to the civil judgement showing up on the credit report, until you receive your discharge this debt will show up this way. You can dispute it but it currently is still owed because you haven't completed your Chapter 13.

Once that is completed you will receive your discharge and it should show up on your credit report as receiving a discharge on all outstanding debts. Again you may contact the credit reporting agency and inform them that you have filed a chapter 13 bankruptcy but, they may not change anything in the way that it is reported until you receive your discharge.

ME: It also does not show up on 13datacenter.

THEIR RESPONSE: Are you referring to your summary of creditors being paid from the website? If so I apologize but I do not get to view the same website as you. What I can tell you is that we clearly listed this debt when we filed the petition and it maybe listed under another name as of now because of creditors buying out other debts etc... Also if this creditor has not filed a proof of claim, they will not be getting paid and it may be too late for them to file one at this point. If this is so, when you receive your discharge, that debt is also discharged despite not having filed a proof.

So my question is, is this right?? I do not want a judgement showing on my credit report that should be covered by this BK. I'm just hoping that my attorney is not trying to pacify me since I am so close to discharge.... Should I somehow have the judgement vacated?? Is this possible???

Any help would be great as I don't get a lot of support from my attorney, guess I should have pulled my CR a long time before now!

THANKS!!!!

[justbroke]

The question really is, did you list the judgment creditor (or the original creditor) on your Schedule F of unsecured creditors? (I'm assuming that this was not recorded as a judgment lien and is only a judgment.) If you listed it, and regardless of whether it was "purchased" or consolidated -- which is typical in Chapter 13s -- it will be discharged upon discharge of your Chapter 13. You could dispute it now, and it "might" get changed to "Wage Earner Plan" (meaning you're in a Chapter 13). After discharge, it might be removed or changed to Included in Bankruptcy (IIB). I do not have experience with judgments appearing on a credit report.

If this is a judgment lien, then you may need to pay your attorney to move to avoid the judgment lien. I'm figuring that this is likely an unrecorded judgment so it is not a lien.

You can not have a judgment vacated unless you actually receive a discharge. So, either way, you will need to wait.

[Cycleguy]

It just shows as a civil judgement. So either way I will not be liable for the debt? And I need to wait for discharge before doing anything else?

Thanks

[AngelinaCat]

PLEASE everyone. Take the time to format your posts into a readable format. I have broken this post up to make it easier to read.

Thank You!

[justbroke]

It just shows as a civil judgement. So either way I will not be liable for the debt? And I need to wait for discharge before doing anything else?

If this is not a judgment lien, one that is recorded according to your particular State's non-banruptcy laws, then it would be discharged if you properly scheduled the debt in your petition. It would just be discharged. However, some States may require the extra legwork of filing a suggestion of bankruptcy and/or filing a motion to vacate the judgment.

From what I'm reading in your posts, your particular bankruptcy attorney doesn't do this sort of "extra" work. You may be able to ask if they could get it vacated but it may be an additional fee. I would wait until after the bankruptcy is done. Wait about 30-60 days to make sure the discharge (and/or close) hits your credit reports. Re-pull the reports and see if the judgment is removed or marked IIB. At that time, you could dispute it. If that doesn't work, then try the other various methods including sending a copy of the discharge to the creditor or filing a motion to vacate in the State non-bankruptcy court.

[frogger]

And I need to wait for discharge before doing anything else?

Thanks

You're 59 months into a 60 month plan, so at this time, you need to have a little patience until payment #60. At this time, you still owe everyone that was listed, however once your plan is completed, you should receive that discharge that you're looking for.

You are not discharged yet........