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Posts: 1
Registered: ‎08-22-2012
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Post Bankruptcy Executory Contract Question

Hi All,


     New to the forums and I have a post bankruptcy question.  We filed pro se, so we don't have a lawyer to ask about this.  When we filed Chapter 7 in Orgeon, we had a Verizon Wireless contract.  We were unaware that it was considered an executory contract, so we did not list it in our paperwork.  (All the sources I reviewed mentioned nothing of cell phone contracts!)  All went through fine and we received our discharge.  After we filed, but before the discharge, we canceled our service contract and were left with a final bill for services and cancellation fees.  We informed them over the phone of our filing for bankruptcy and didn't hear much about the bill.  


     Earlier this month we started receiving collection calls from a third party agency that said they received the debt in April of 2012.  Our bankruptcy was discharged in November of 2011.  I recently pulled my credit reports from Experian and Equifax (have yet to receive TransUnion) and Verizon has reported to BOTH that the final bill we had was "included in bankruptcy" and lists the exact day of our discharge.  My questions are:  Is this contract considered rejected even though it was not listed?  Was this bill discharged in the bankruptcy as well?  If so, how can I prove this to future collection agencies?  Can't they look at my paperwork and see that it was not listed?  Can I use my discharge paperwork and copies of the reportings from Verizon on my credit reports as proof of discharge?  Can I get advice about this in a consultation from a bankruptcy lawyer even though I already filed?  Will I have to re-open this case to add it to the paperwork?  



Regular Contributor
Posts: 135
Registered: ‎01-04-2012
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Re: Post Bankruptcy Executory Contract Question

You know, in Oregon, you can get a half-hour consult with an attorney for $35.00.  That's what it used to be.  But that was awhile ago.  Good luck! Smiley Happy

FICO EQ: 633 8/15/12
lender pulled 11/3/12 EQ 661 TU 650 EX598
credit Karma 674 credit sesame: 663
B/K discharged 2/2006......closed 8/2012

May your limits be high and your balances low!

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