Old Apartment Account and Discharged BK7

[Duke84]

So I filed for BK 7 in April 2014 and was discharged in August 2014. However, I seemed to neglect/omit an old apartment complex from the 341. Upon my discharge, the apartment complex sent me to a CA, who offered flexible terms to have the debt paid. I acknowledged it and entered into the agreement.

Fast forward to a few weeks ago, and I learn that perhaps I could have the debt from the complex erased as a result of me filing the bankruptcy, despite not including the complex in the 341. I sent a copy of my discharge and a letter to the CA letting them know, however, they have been dodging me (somewhat) about whether they will cease collecting payments.

I would retain my original lawyer, but he's asking for another $1500 for it, which I find ludicrous since I paid him damn near $2K to take care of my case. I did get the info of another attorney that a family member used and she advised me of sending them a letter making them aware of the situation (she did that as a courtesy) and said if I coudln't make any headway, I could retain her.

My question is this: what's the likelihood that the CA will close the account? Should I seek to retain the other attorney?

[bstone]

My understanding is any debt incurred prior to filing is included in a Ch 7, regardless if they were on the petition or not.  When you filed you or your attorney should have reviewed your credit report to make a good effort to list all creditors, if they weren't reporting I don't think you can be expected to remember every creditor you may owe.

That being said, I would immediately call your bank and place a stop payment for any future payments, and would then immediately send an intent to sue letter to the CA and the old complex, certified return receipt.  Someone else can, I'm sure, provide you an example letter.  Basically it says you filed BK, they are illegally attempting to collect on a discharged debt and they need to cease immediately or they will be sued for violating FCRA and federal BK laws.

Good luck!

[pizza1]

that is correct. In A BK7 filing, all debt prior to filing is included whether listed in the petition or not....all of it. I had 3 CC's not listed because they were charged off a few years prior and balance was $0, so attorney didn't list it. but it is in fact included. they can't back after you...

[Duke84]

Just an update:

Though I entered an agreement with the CA, they still filed a judgment against me and it ended up showing on my credit reports and the bleeding just commenced. This came at a time when I was practically maxing out my limits to address some upcoming wedding matters, so maxed limits plus a new judgment equaled bleeding credit scores...

So, I constantly had been calling the CA and they notified me that they were filing a motion to have the judgment vacated as a result of the bankruptcy!

Though the judgment ended up on my credit report and setting my already fragile score back some more, I'm hoping to get a good boost to my scores and continue my rebuilding efforts. I have a plan to get back to 10% reporting on my cards and hoping to get past this dark moment pretty quickly.