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Umm... Help?? (grrr)

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    Umm... Help?? (grrr)

    Long story short - I filed a 13, then a few years later a 7.

    AT the last 341 meeting, my lawyer said that the things I wanted to add could be added and all I would have to do is bring him a list and $24.00 dollars for the fee to add things. I did. On July 6th. Yes, it was quite a while after my 341 meeting, but the discharge didn't happen until the 23rd of July. Well, I call to find out that they did NOT add the 3 things I needed to add. One of them is my electric bill that turned outrageous on me. There is no way I can pay it back and still afford to move into an apartment.

    I dug around for the receipt and it doesn't exactly "state" what it is for. Just a cheap receipt that says I paid them $26.00.

    The girl at my lawyers office (receptionist) stated that since it was already discharged there is nothing I could do. When I told her that I had PAID to have it added in previously she just transferred me to someone's voicemail (the girl who was supposed to add it in, I'm assuming).

    Anyone run into something like this before? Is there anything I can do?? Please, any info is great.

    #2
    Depending on the state you live in, if a bill should have been included in your bankruptcy and would have been discharged if it had been included, that debtr is still considered wiped out. You can try sending a copy of your bankruptcy discharge papers to the three creditors to see if they honor it even though they weren't officially notified.

    Originally posted by HeatherB View Post
    One of them is my electric bill that turned outrageous on me. There is no way I can pay it back and still afford to move into an apartment.
    Just so you are aware, when you include utilities in bankruptcy, often they will charge you a large downpayment (typically the average bill amount...$200-400) to restore service when you move. You might wipe out what you owe now only to find out the downpayment is now beyond your ability to pay.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      Did you file your Ch 7 under Old Law or New Law?? And was it a No Asset Ch 7??
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment


        #4
        I'm giving up my house and car. Those are the only assets I really have that are worth anything.

        The total of the 3 creditors that they didn't add in comes to 3,000. I can't afford that plus the expense of moving into a new place. I live in Illinois and am not sure of the laws. It seems almost impossible to actually talk to my lawyer.... I always get some receptionist that transfers me to a paralegal's voicemail. Right now my electric bill in is a friend's name. I called and asked if there was an extra deposit and that's when I found out that the bill had not been turned over yet. But they said I would only need to pay the equivalent of one month's bill of my apartment.

        Comment


          #5
          Originally posted by SinkingFast View Post
          Did you file your Ch 7 under Old Law or New Law?? And was it a No Asset Ch 7??
          I filed a 13 under old law, then the CH7 under the new. (not sure if the old law still applies since I converted it)

          Comment


            #6
            Glad it looks like the electric company isn't going to gouge you! That's good news.

            Originally posted by HeatherB View Post
            It seems almost impossible to actually talk to my lawyer.... I always get some receptionist that transfers me to a paralegal's voicemail.
            One way to make certain that you talk directly to your lawyer is to make the first available appointment to see him/her. Don't let the "office wall" stop you from getting the information you need.
            I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

            06/01/06 - Filed Ch 13
            06/28/06 - 341 Meeting
            07/18/06 - Confirmation Hearing - not confirmed, 3 objections
            10/05/06 - Hearing to resolve 2 trustee objections
            01/24/07 - Judge dismisses mortgage company objection
            09/27/07 - Confirmed at last!
            06/10/11 - Trustee confirms all payments made
            08/10/11 - DISCHARGED !

            10/02/11 - CASE CLOSED
            Countdown: 60 months paid, 0 months to go

            Comment


              #7
              If you started under the old law then you are old law which mean that any debt that is dischargeable is discharged whether you add it or not. Simply fax or mail your discharg paper to the creditor. You do not even have to discuss whether they are on you matrix or not.
              Chapter 7 Pro Se....Discharged Feb. 2006

              Comment


                #8
                Originally posted by cindylynnsmith View Post
                If you started under the old law then you are old law which mean that any debt that is dischargeable is discharged whether you add it or not. Simply fax or mail your discharg paper to the creditor. You do not even have to discuss whether they are on you matrix or not.
                As Cindy said,.......... You started Old Law so Old Law rules hold for your Conversion.

                If you were a No Asset Ch 7, then any debt that was Dischargeable is Discharged.

                Just send those Creditors a copy of your Discharge Notice.
                Filed Ch 7 - 09/06
                Discharged - 12/2006
                Officially Declared No Asset - 03/2007
                Closed - 04/2007

                I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                Comment

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