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Long story short i have a horrible attorney to a bad situation..
We originally filed due to a horrible lender on our mortgage threatening to foreclose on what I still think is wrong but nobody could seem to help or care at the time. The economy had gone in the drain, We got behind on our payments and we able to get a modification to keep us in the house. Selling was out of the question since values had plummeted.
All was good until we were then told we no longer qualifed and we had to pay the difference between the reduced and original and the original payments we had been behind on after almost a year and half of the modification. We called daily and literally were passed around for hours and hours, noboyd would help us and in a panic I filed chapter 13 to stop foreclosure. We had got behind on some auto payments but the mortgage debt was the majority of the bankrupcy. We had a boat of which we relinquished during the process.
So fast fowrard... things were pretty bleak until we finally decided this was not going to be our story so we saved pennies, paid off cars, paid off debts, even bought a new car of whcih we pay early and extra on every month. We saw credit score rising.. Now present day .. my attorney was always seemed scattered and seemed to lack details but always up to this point had come through so I took things at his word. We set up a payment plan obviously when i started and it showed a hike in payment mid through substantially...I questionned this as no way it could be right because one our debt was not that high and two payments agains our income were insane..
We go back to the mortgage lender.. the values of what we were "delinquent" were all over the place and we could never seem to get a real answer of what that number was. He told me he had it handled and our payments were to stay the same throughout the entire bankrupcy. Well they didnt.. he never changed it so of course after this hike it showed me as behind and I didnt know... i mail my payments in.. all is good never hear anything until my attorney sends me a letter saying Im behind and the trustee wants to discharge. I freak out reminding him of what I was told and he says no problem we can just refile and correct the amounts. I am so done with this and so want my life back.
Well since all this all that i have left on the bankrupcy is the mortgage which has been sold and I am now fighting the prior delinquency with the help of new lender and one vehicle. The auto lender has agreed to let me just start making payments again as well as mortgage so plan was not to refile thinking that would be better for my credit.. But now everything is popping up on my credit and it seems all our hard work is going down the drain. The boat we relinquished now is showing up a charge off which it didnt before.. the auto loan that we have left even though I am current going forward reported 90 days late immediately from what they say was the status before the BK and will be current from here on out..nothing was reporting when we were in the bankrupcy and now all the priors are hitting like wildfire and seem to be erasing all we have done to improve our credit in the last couple years.
Did I make a wrong decision in not refiling?? We had planned on selling and buying a new house this summer and I just watched my credit score tank in a matter of a couple weeks for things years ago we thought we had more than rectiified. Advice?
Edit: attempted to make it more readable, welcome to the forums! --Rev
Paragraphs... please.
Yes I believe you did make the wrong decision in re filing. The automatic stay was up when the trustee dismissed your bankrkuptcy due to non payment. Once the automatic stay was over they began to report all the baddies because they knew they could. I would of refiled and just opted for the Chapter 7 in that case. 90 days and you are done.
All those priors still have to abide CRTP by the DoFD now that the BK is dismissed, you didnt give any dates here so dont know how much longer this all can actually report. Dismissing a BK is one if the worst things you can do as it removes the automatic stay and immediately the vultures appear as you have found out. I would have refiled but now I just might wipe it all away with a CH-7.
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