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    #1

    Old debts...

    We're currently looking into filing chapter 7 bankruptcy. I have a question about some old debts though.

    What happens if you can't find the information on all of them? I have debts that date back 5-10 years. I have no idea how to find out information on some of them as a lot have somehow fallen off of my current credit report. If I can't find the paperwork, am I just out of luck and still on the hook for those? Can they come after me still? (I'm unsure of the statue of limitations)

    Also, is there a place that 'rates' bankruptcy attorneys? I'm nervous about calling them because I don't want to be taken advantage of. Is there a 'scam report' type of website or listing that will alert me to the 'bad' ones?
    Tags: None
    #2
    Also, is there a step by step guide to this? As in...

    Step 1: Gather all your debts and make a list
    Step 2: Call reputable lawyer and make a consultation appointment (what to bring to this?)
    Step 3: etc

    I'm rather lost....

    Comment

      #3
      i was wondering about a resource with lawyers as well. so hard to know who to trust. I think most on here just say to interview a bunch and see how you feel. Read on this site a LOT and you will know a lot when you go into your interviews. Sometimes people have been told totally wrong info and they wouldn't have known if they hadn't been reading.

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        #4
        The debts would be discharged whether you list them or not. That is what I've read on this board, as well as what I was told by my attorney.
        Chapter 7 Filed: 12/22/08
        341 Meeting: 1/22/09
        Discharged and Closed: 3/24/09

        Comment

          #5
          Originally posted by freshstartfl View Post
          The debts would be discharged whether you list them or not. That is what I've read on this board, as well as what I was told by my attorney.
          Oh wow. I had assumed that if they weren't specifically listed than they weren't included in the discharge.

          Comment

            #6
            If your debts are 5-10 years old, they are most likely out of statute and time barred for collection. It they are over 7 years from date of last deliquency/activity, then they can't report to your CR.

            Although it is probably best to include every debt, so it doesn't "pop up" later by some junk debt buyer, the ones that are time barred by SOL are uncollectable.

            Do your best to find them and Google the names of the creditor for the best address for service/notice and include them in your schedules/matrix.

            If you have any old CR, try using those as a start.

            The really old debts are not a huge issue as even if they did try to sue you, if they are out of statue, you could answer affirmatively to a lawsuit that the debt is out of SOL and time barred from collection.

            But generally, you should list all debts owed on your petions. IF you don't know the amount, just list "unknown" next to the creditor in the amount field.

            Comment

              #7
              Originally posted by freshstartfl View Post
              The debts would be discharged whether you list them or not. That is what I've read on this board, as well as what I was told by my attorney.
              This applies if you are a no-asset chapter 7 and the creditor had any reasonable way to know you were in bankruptcy. If you are an asset case, they need to be able to file a claim, so they would need to be included to get a discharge.

              Comment

                #8
                Originally posted by JoeBankrupt33 View Post
                This applies if you are a no-asset chapter 7 and the creditor had any reasonable way to know you were in bankruptcy. If you are an asset case, they need to be able to file a claim, so they would need to be included to get a discharge.
                I'm fairly certain it would be a no asset case. We don't really have anything worth much. We don't own a house. We own a 13 year old vehicle and 20 year old non-running vehicle. No extravagant household good, all of it was bought 2nd hand really.

                Comment

                  #9
                  Originally posted by hopeforus View Post
                  i was wondering about a resource with lawyers as well. so hard to know who to trust. I think most on here just say to interview a bunch and see how you feel. Read on this site a LOT and you will know a lot when you go into your interviews. Sometimes people have been told totally wrong info and they wouldn't have known if they hadn't been reading.
                  I called a bunch of attorneys that were NOT bk attorneys and then asked each one who they would hire if THEY were going to file bk. Of the 5 or so I contacted, one guy was recommended 3 times. I'm going with him.

                  Comment

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