The Seven year period of bankruptcy...

[df04527]

Part of the issue, I believe, is you may be dealing with an attorney who primarily deals with bankruptcy cases. The 7 year reporting period and all of that is really out of their realm. That is a another world all by itself even though the two are related. A consumer type of attorney on the other hand, IS VERY familiar with the FCRA and is the one who will know.

We are just trying to be sure that anyone reading this thread has the accurate information to run with and also to provide the attorneys the benefit of the doubt.

[debee]

With a BK it's different...FHA, Fannie Mae, and Freddie Mac will not buy a loan until that period of time has passed. There are exceptions for extenuating circumstances, but what that really means is you lost everything you own in Katrina, or you had a serious medical emergency such as a deathly ill child.

This is my understanding as well, Sunshine. I love how soon people can buy a house again via FHA!

[tobee43]

Part of the issue, I believe, is you may be dealing with an attorney who primarily deals with bankruptcy cases. The 7 year reporting period and all of that is really out of their realm. That is a another world all by itself even though the two are related. A consumer type of attorney on the other hand, IS VERY familiar with the FCRA and is the one who will know.

We are just trying to be sure that anyone reading this thread has the accurate information to run with and also to provide the attorneys the benefit of the doubt.

yes, i surly do agree with that, the firm i have not only deals with bk....but you're correct, but it's difficult when you have to put your trust somewhere with someone???
the 10 year time period for the bk is correct, i think the question here or that came up is when that 10 years comes into effect...at the time of filing or the time of discharge.

and for me, i must give my atty the benefit of doubt as he's more than proven himself to us. and, maybe he's wrong...all i know is i have learned one thing....law is NOT justice...and justice is NOT Law.....we can cite law all day, however to argue and win in court is a different issue for certain.

i have worked for some top atty's that could twist words of the law to suit any situation and make even the judge spin their head...it's an art and a shame all in one brief moment for the poor client.

[tobee43]

This is my understanding as well, Sunshine. I love how soon people can buy a house again via FHA!

debee...do you know anyone that got an fha after a bk within the past year or so????

[debee]

debee...do you know anyone that got an fha after a bk within the past year or so????

I don't know. Never asked any of the people I know how they financed their mortgages.

[debee]

... to provide the attorneys the benefit of the doubt.

Not me, not me. Too many people on this forum who got not just bad advice, but dead wrong advice from their attorneys. Like tobee's attorney who may be great for whatever she is using him for but has his head up his marshmallow when it comes to bankruptcy legal definitions.

[tobee43]

I don't know. Never asked any of the people I know how they financed their mortgages.

i'm just so curious...so far i have known of no one getting a mortgage in the past 2 years that went bk....

i did, however, know a woman up in new jersey lost her house and within a YEAR was able to buy another....however, that was before all these bank messes...i'm just wondering who's getting financed and by whom...just a thought...didn't mean to highjack the thread!

[debee]

There's a lawyer who posts here named DespritFreya. Personally, I love his/her posts. Normally short,sweet and smart. I've learned a lot from them. This is a quote from another thread:

" First the Trustee does not grant a discharge, the Judge does. Second the discharge is effective as of the Petition Date (the date for the Order of Relief) because 11 USC 727(a) provides that the Court shall grant a discharge unless. . ." These are the very first words of that section."

edit: I'm posting this attorney quote to counter the crap that tobee's marshmallow is putting forth.

[tobee43]

Not me, not me. Too many people on this forum who got not just bad advice, but dead wrong advice from their attorneys. Like tobee's attorney who may be great for whatever she is using him for but has his head up his marshmallow when it comes to bankruptcy legal definitions.

LOL!!! maybe it is.... & i hope it's chocolate covered marshmallow!

i say this one i'm just going to have to wait it out and see when it finally falls off my credit report...if i'm still alive!!!!

[tobee43]

There's a lawyer who posts here named DespritFreya. Personally, I love his/her posts. Normally short,sweet and smart. I've learned a lot from them. This is a quote from another thread:

" First the Trustee does not grant a discharge, the Judge does. Second the discharge is effective as of the Petition Date (the date for the Order of Relief) because 11 USC 727(a) provides that the Court shall grant a discharge unless. . ." These are the very first words of that section."

edit: I'm posting this attorney quote to counter the crap that tobee's marshmallow is putting forth.

des. IS THE BEST...i have been trying to tempt him to moving to florida...but he won't bite!!!

[tobee43]

ok.........i drug out the old papers......here they are!!!!!!!!!!



United States Bankruptcy Court
Middle District blah blah
case number blah blah


discharge of joint debtors:

it appearing that the debtors are entitled to a discharge

IT IS ORDERED....
the debtors are granted a discharge under section 727 of title 11 blah and more blah...

so ordered DATED: NOT MY FILING DATE....and signed by the usb judge....


second order rec'd

order approving trustees report of no distribution...

it is ordered

that
1. approved and estate closed
2. trustee is discharged
3. pleading that have not been cured are now moot...

DONE AND ORDERED....NOT ON THE FILING DATE....but on the same date at the discharge......and signed once again by us bk judge....

both orders are the same date and no where is our filing date listed.....the order is entered onto the books on that date.....


don't HIT ME!!! i just pulled this stuff all out for you...

[debee]

des. IS THE BEST...!!!

At long last, we agree. I'm grateful for all the smartypants types who hang & post here.

[debee]

ok.........i drug out the old papers......here they are!!!!!!!!!!

Hmmm. I didn't see the term "order for relief" in your post. I guess you'll just have to read the code to see that the "order for relief" is the date your petition was filed.

[tobee43]

At long last, we agree. I'm grateful for all the smartypants types who hang & post here.

ROFL!!!!!! you are too funny!!!!! and let me add...

There are two secrets for success in life:
1.) Never tell everything you know

[tobee43]

Hmmm. I didn't see the term "order for relief" in your post. I guess you'll just have to read the code to see that the "order for relief" is the date your petition was filed.

that was the "blah blah"...LOL!! you didn't see that??

i believe you!! i do!!