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I'm discharged per Pacer. Can reaffirmations and other documents still be filed?

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    I'm discharged per Pacer. Can reaffirmations and other documents still be filed?

    There is a discharge date and decree entered into Pacer 5/3. I'm a no asset case. Is this the end?

    I just want to be certain because I have had many issues with my attorney unfortunately. Can documents still be filed AFTER the discharge date? Sorry if this is a stupid question. I don't trust my attorney and think he's been dishonest overall.

    Neither of my car reaffirmations have been filed. He filed the wrong paystub info and never filed the correct one though he said he would. He also told me he just filed a motion for sanctions against a creditor who violated the automatic stay. Is this part of my bankruptcy case and would I be able to see that in Pacer? Can such a thing happen after a discharge?

    I just want to know the truth so I can move on from this nightmare. I have outstanding student loan issues and I'm sure a wage garnishment lawsuit will be after me soon. I need to find a competent attorney and put this piece of my life behind me. Dealing with my attorney has been a million times more stressful and traumatizing than the bankruptcy itself.

    Any advice is appreciated!

    #2
    Anyone have any idea?

    Comment


      #3
      I know you have to sign the reaffirmation before discharge, but I do not know if it has to be filed before discharge. Why do you want to reaffirm anyway? Why not just continue to make payments?

      Your wording about the pay stub info is a bit confusing. Do you mean your attorney submitted the wrong paystubs? The paystubs aren't something that get filed with the court, at least not in my district. They get submitted to the trustee. If the trustee didn't object to discharge, he/she got whatever she thought was needed. Or, do you mean the attorney used the wrong income information when filing your petition? If this is what you mean, was the income higher or lower on the petition than it should have been?

      The motion against the creditor can be filed after discharge because it does not affect the discharge. But, you should see it on Pacer if it was filed.

      For the student loans, call the lender and try to work something out. I haven't had to deal with student loan issue, but my understanding is that there are programs in place that allow you to make an affordable payment based on your financial situation. It shouldn't have to go to a lawsuit and garnishment if you are proactive.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment


        #4
        Thank you so much for your feedback.

        I didn't have any problems paying my car loans or my student loans..it was the unsecured debt that was drowning me. The paystub info I was referring to is the payment advices paperwork that gets filed at the start that indicates your income just before filing. He filed information from the wrong year! It's a HUGE difference between almost no income and a full paycheck. The trustee never said anything about it.

        As for the student loans, that's another nightmare in itself. I never missed a payment, but the bankruptcy filing automatically put me into default for my private Citibank loans. Citibank returned the loans to the guarantor, and the guarantor has collections demanding payment in full. I need someone to try to work something out and I don't think my attorney is capable.

        Comment


          #5
          So, it sounds like you are talking about the income reported on your means test, right? Did the income info he filed say you have almost no income or a full paycheck? If your income was overstated, I wouldn't worry so much about it. If it was understated, but you would still pass the means test with the correct info, I also wouldn't worry about it. If the correct info would make you fail the means test, there may be something to worry about, but I'm not sure since you have already been discharged. Maybe someone else will know.

          Private loans may be a different animal. Did you try to call the guarantor to work something out? I'd try that before paying an attorney.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

          Comment

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