Attorney mistakes concerning reaffirming etc.

[Winterbotham]

Can anyone please advise me what my rights are in California if my bankruptcy lawyer made mistakes in my case that was discharged in 2002?

In my paperwork on the "Chapter 7 Individual Debtor's Statement of Intention" page, section b) "property to be retained"
Debts that were to be included and discharged in the bankruptcy are checked under the column "Debtor will continue making payments to creditor without reaffirming". These were debts that were not meant to be paid, a 1st and 2nd mortgage on a rental property that we had let go back to the bank.

Also on this same "Chapter 7 Individual Debtor's Statement of Intention" page,
3 debts that we did intend to pay including our first and second mortgage and a car loan (the 2nd and the car loan have since been paid off), were also checked in the column "Debtor will continue making payments to creditor without reaffirming". And since they were not reaffirmed, we received no positive credit on our credit score for paying these debts on time.

Please help with any advice you might have. And beware of what your attorney misses. We have been paying everything on time for many years now and yet receive no credit for it.
I am also quite worried that we might still be responsible for the debts that were not supposed to be stated as us intending to pay. They did keep calling after the bankruptcy but we kept telling them it was in the bankruptcy and they eventually stopped.

[endisnear]

I would assume that ultimately you are responsible everything, since you should have gone over the paperwork before the atty filed. I'm guessing that back in 2002 the trustee still asked did you look over and are familiar with your paperwork, as they do now. Just my opinion though.

[TEW]

Can anyone please advise me what my rights are in California if my bankruptcy lawyer made mistakes in my case that was discharged in 2002?

In my paperwork on the "Chapter 7 Individual Debtor's Statement of Intention" page, section b) "property to be retained"
Debts that were to be included and discharged in the bankruptcy are checked under the column "Debtor will continue making payments to creditor without reaffirming". These were debts that were not meant to be paid, a 1st and 2nd mortgage on a rental property that we had let go back to the bank.

Also on this same "Chapter 7 Individual Debtor's Statement of Intention" page,
3 debts that we did intend to pay including our first and second mortgage and a car loan (the 2nd and the car loan have since been paid off), were also checked in the column "Debtor will continue making payments to creditor without reaffirming". And since they were not reaffirmed, we received no positive credit on our credit score for paying these debts on time.

Please help with any advice you might have. And beware of what your attorney misses. We have been paying everything on time for many years now and yet receive no credit for it.
I am also quite worried that we might still be responsible for the debts that were not supposed to be stated as us intending to pay. They did keep calling after the bankruptcy but we kept telling them it was in the bankruptcy and they eventually stopped.

In a chapter 7 no asset all debt is discharged. So i am guessing your credit is still bad

[BnkrptcyLwyr]

If you did not reaffirm, then you will not be responsible for the debts. The debts are discharged.

[BnkrptcyLwyr]

I read your question too quickly. If the debts have been paid, then the creditor should update the information. Creditors cannot just leave wrong information on the credit report. Reaffirmation should have no effect on the information on the credit report. It will take some work to get the information off of the credit report.

[Winterbotham]

no TEW

TEW, no my credit is not bad, almost 700 but it should be much higher, with what I have been paying all this time on time with no new negatives since the bankruptcy was filed in 2001.
Since accounts that were being paid are not reported, it has not been as high as would be expected.
I am trying to decipher my credit report this evening to see what has been reported incorrectly either negative or just lacking correct positive reporting.
I may not be in as dire as I was afraid of.
I hope not.

[Winterbotham]

thank you BnkrptcyLwyr

Thank you BnkrptcyLwyr

[TEW]

Is everything the creditors are reporting IIB and discharged?
What kind of Debt to income ratio do you see?
Creditors may or may not report on time payments even IF you reaffirm.

[Trixie007]

Likely they were not allowed to report - good or bad - as the loans were IIB. You can, however, report the payments yourself my sending your payment history with all account info to the 3 credit bureaus. You can actually do this with other types of accounts, too - utilities, private loans, etc.

[yeahdischarged]

Creditors may or may not report on time payments even IF you reaffirm.

^^^^^Very common. Before getting worked up, do some research. Many people who DO reaffirm are finding their debts not reported as paid. Legal.

[TEW]

^^^^^Very common. Before getting worked up, do some research. Many people who DO reaffirm are finding their debts not reported as paid. Legal.

[yeahdischarged]

TEW, I wasn't posting to you!! Silly! I was agreeing with what you said (that's why i quoted it). My comment was advice to the OP. Sorry if it wasn't clear.

[relief13035]

Very odd...........Up until yesterday, I had never heard of Winterbotham.

Today after I got off work I had to pick up some paperwork from my attorney's office. I entered the building and noticed on the building office listing that Winterbotham had an office on the same floor as my attorney.

[albacore44]

Winterbotham

Would that be Winterbotham in Corona, ca. ?? My best friend just hired him to handle his Ch-13

[TEW]

TEW, I wasn't posting to you!! Silly! I was agreeing with what you said (that's why i quoted it). My comment was advice to the OP. Sorry if it wasn't clear.

Oh sorry I wasn't sure