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Am I freaking out for no reason?

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    Am I freaking out for no reason?

    We were discharged yesterday however after I decided peace of mind to pull our credit reports to ensure that all of our accounts were indeed included on our discharge...I find at least 5 that were not. I know that I sent this crap to our attorney in the very beginning. I'm worried that I've spent all this money and I'm still in the same hole I was in. Should I give up on this guy who clearly doesn't know what he's doing and file this amendment myself? Can I? He want to charge me 100 dollars to "re-file" this stuff...shouldn't he do it for free if he didn't include it in the first place. I'm seriously losing sleep over this and my blood sugar is going through the roof.

    #2
    Please don't stress

    I am not sure if you can do it yourself, Just because they have no reported it does not mean they were not inculded, go on pacer and hit the creditor matrix were they listed on there? if they were and on your paper work when you filed they they are included and you just file the mistake form to the credit agency.... if they were n ot included they can still be included as they debt was prior to filing, so maybe you can file yourself or work out a deal with the attorney as you gave it to him and he forgot..... either way you will not owe the debt... please dont worry.

    B
    B x
    filed Ch 7 Oct 31st 2008.
    341 Dec 10th 2008.
    DiSCHARGED Feb 10th 2009

    Comment


      #3
      Those accounts may just not have updated on your credit reports yet or do not report to that credit reporting agency. If you included all your credit cards and open/outstanding loans, etc. in your filing, that is probably the reason.
      _________________________________________
      Filed 5 Year Chapter 13: April 2002
      Early Buy-Out: April 2006
      Discharge: August 2006

      "A credit card is a snake in your pocket"

      Comment


        #4
        it's not showing on Pacer either. In the very beginning when we got the original paper work back from the attorney, It took me two days to go through and correct all the mistakes that he made. I never did see what he filed after I gave it to him until I looked on Pacer and some of those are on there and some aren't.

        Comment


          #5
          I'm not so much worried about what the credit reports say as I can battle that later....I'm worried about stuff that never got included in the BK because my attorney is a crack smoker. I made sure I gave him every single account we've ever had and now some aren't even on the creditor matrix...I should have run when I got the first set of paper work and he couldn't spell medical bills correctly, then filed our address and SSNO's on pacer for public view, then missed deadlines and got our cased dismissed 6 days after filing.... and the list goes on....hind sight 20/20 I guess.

          Comment


            #6
            Originally posted by BrokeAzzez View Post
            I'm not so much worried about what the credit reports say as I can battle that later....I'm worried about stuff that never got included in the BK because my attorney is a crack smoker. I made sure I gave him every single account we've ever had and now some aren't even on the creditor matrix...I should have run when I got the first set of paper work and he couldn't spell medical bills correctly, then filed our address and SSNO's on pacer for public view, then missed deadlines and got our cased dismissed 6 days after filing.... and the list goes on....hind sight 20/20 I guess.
            In your original posting you stated "We were discharged yesterday however after I decided peace of mind to pull our credit reports to ensure that all of our accounts were indeed included on our discharge...I find at least 5 that were not." I took that to mean that you were checking your reports as to those creditors and I responded directly to that situation. In any event, ff those accounts were not included in your filing then they would not appear as such on your credit reports unless those creditors did not report to one of the specific credit reporting agencies or just did not yet update their information on you to hit the reports. In your case, they were not included in your filing according to what you post above. Gather up the information you have on your filing showing that you provided that information to the attorney to be included, prepare a letter (copying the Trustee) and send/hand deliver the letters to both and get an appointment to sit down and talk to your attorney or advise his office when you call that you will report him to the State Bar Association. If you get no response, call your State Bar Association (in your phone book under the "state" section) and explain your situation and they will guide you.

            There are some Chapter 7 folks on here who I hope chime in because I understand that even if a debt is not included in the filing, it is still discharged when the discharge is final. I did not file Chapter 7 but I have seen that posted on here. Maybe someone can help you.
            _________________________________________
            Filed 5 Year Chapter 13: April 2002
            Early Buy-Out: April 2006
            Discharge: August 2006

            "A credit card is a snake in your pocket"

            Comment


              #7
              Sorry, I pulled our credit reports to ensure that everything on there was indeed filed...I had a bad feeling (due to errors on attorney's part) that some stuff just didn't get included and I decided to cross reference. I know that nothing regarding the BK will show up on the credit reports yet, but I want to have them handy so I can get ready to get them updated later down the road. Sorry If I'm going to two differnet directions, I'm just really frustrated and tired of doing all the work when I paid this guy to handle this stuff.

              Comment


                #8
                Keep good notes and report this guy to the state bar so others don't end up in the same place you are in. - jb
                jb - A little knowledge is a wonderful thing - sometimes.
                Filed - 2/27/09
                341 - 4/3/09
                Discharged - 6/20/2009

                Comment


                  #9
                  your credit reports is not a legal document. IF you were chapter 7 no asset and you forgot to include something. It is discharged with everything else. your CR is easy to fix jsut dispute the items that are not IIB. after you have your discharge make sure everything says discharged.
                  Chapter 7 07/30/2008
                  341 09/17/2008
                  Discharge 11/21/2008

                  Comment


                    #10
                    We are Chpt 7 but we were changed to Asset case due to a tax refund...that was the only asset they took. So even if we or him forgot to include something it's been discharged? That just seems too good to be true?

                    Comment


                      #11
                      Originally posted by TEW View Post
                      your credit reports is not a legal document. IF you were chapter 7 no asset and you forgot to include something. It is discharged with everything else. your CR is easy to fix jsut dispute the items that are not IIB. after you have your discharge make sure everything says discharged.
                      Nice, so my 50 bucks I just spent with my atty to add a creditor was BS?!? Great.... I supposed they could have sold me a bridge in Hawaii too... I am a CHUMP!
                      Filed: 11/25/08 - chp 7 no asset
                      Discharged: 2/24/09 CLOSED 3/7/09!

                      Comment


                        #12
                        I don't know...mine wants 100 dollars! Why should I pay him to add something that is taken care of anyway?

                        Comment


                          #13
                          your credit reports is not a legal document. IF you were chapter 7 no asset and you forgot to include something. It is discharged with everything else. your CR is easy to fix jsut dispute the items that are not IIB. after you have your discharge make sure everything says discharged.


                          This doesn't make sense, so if there was somethign that I wanted to re-affirm then it would be discharged anyway? I'm confused.

                          Comment


                            #14
                            It is crucial for the debtor to include all creditors in his schedules filed with the court. If a debtor knows of the creditor and does not schedule him, the creditor is denied participation in any distribution; to protect the creditor from this type of problem, the code provides that unscheduled claims may be non-dischargeable.

                            I just read this somewhere......

                            Comment


                              #15
                              Originally posted by BrokeAzzez View Post
                              It is crucial for the debtor to include all creditors in his schedules filed with the court. If a debtor knows of the creditor and does not schedule him, the creditor is denied participation in any distribution; to protect the creditor from this type of problem, the code provides that unscheduled claims may be non-dischargeable.

                              I just read this somewhere......
                              This makes much more sense then what other's have said. Help! or others, can you chime in on this?
                              Filed: 11/25/08 - chp 7 no asset
                              Discharged: 2/24/09 CLOSED 3/7/09!

                              Comment

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