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Originally filed chapter 7 but may change into chapter 13

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Anonymous
Not applicable

Re: Originally filed chapter 7 but may change into chapter 13

I'm hoping I can but I have to wait for the go from the attorney because he is researching it!

Message 11 of 15
StartingOver10
Moderator Emerita

Re: Originally filed chapter 7 but may change into chapter 13


@Anonymous wrote:

These are good questions and yes it showed up on my report as discharged and paid for the BK but the problem is, the letter they sent is under a different name so the attorney is researching it now. It's a freaking mess and I hope this is able to get resolved, I really can't afford to kick out any extra money to fix this. I mean I will if I have to but I prefer not to because it already cost me a couple thousand.


What do you mean it showed up under a different name?

 

Once the debt is discharged in Bk, it has to reflect zero balance and iib (included in bankruptcy).

 

If a debt buyer purchases debt that has been previously discharged, they can't come after you for the debt no matter who owns it. Now, it doesn't mean that some unscrupulous debt collector won't try - all they need is a strong reminder (copy of discharge) and a letter telling them it is a violation of the discharge injunction.  You can fight this without having to go through a Ch 13 (just based on what you have posted). The safest thing to do is consult with a legitimate Bk attorney. The more you post about your attorney, the less credible he seems.

Message 12 of 15
Anonymous
Not applicable

Re: Originally filed chapter 7 but may change into chapter 13

Thank you for the information! How would I go about having another attorney look into this without it's costing me tons of money?
Message 13 of 15
StartingOver10
Moderator Emerita

Re: Originally filed chapter 7 but may change into chapter 13

If this was discharged in your Bk, then get a consumer attorney to handle it. Not only will a consumer attorney be able to give you guidence, but if someone is trying to collect on discharged debt the consumer attorney can sue that company and get you $$$.

 

Contact a consumer attorney that specializes in this type of lawsuit.

Message 14 of 15
CH-7-Mission-Accomplished
Valued Contributor

Re: Originally filed chapter 7 but may change into chapter 13


@Anonymous wrote:
Thank you for the information! How would I go about having another attorney look into this without it's costing me tons of money?

You can call your state bar association and ask for a referral for a consumer or bankruptcy lawyer.

Message 15 of 15
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