Need a little help on BK terms

Anonymous · ‎10-05-2007

Hello everyone,

I'm asking this on the behalf of one of my family members who had a few BKs. The family member asked me today to get their free credit report because I have a computer and he/she doesn't. I knew the family member had a couple of BKs but when I look on the credit report I see that there are 4 listed. One is in the town he/she lives in currently and the other three are in a different town the member never lived before.

EX:

US BKPT CT XX (STATE) XXXXX (CITY)

The dates of the BKs are 05/05, 09-02 (these are resolved) and 11/02, 06/03 (these don't have any resolved dates, just NA

My questions are:

What does "Involuntary Chap 13 BK dismissed" mean?
What happens when a BK is dismissed?
How can you file a BK in a different city than the one you live in and had a job?

Edit: I read the BK FAQs and I learned this about my Question #3 but why would one hearing be in one city and the other in another city? Could the Federal Court have moved during that period?

Where is my 341 hearing?

Your 341 hearing is always at the Federal Court closest to you.

Sorry if I have so many questions. This is for an elderdy family member that's still not good with money and we have to help out. He/she says one thing but from the credit report I see a different picture.

Thanks!

Message Edited by hunting_bears on 10-05-2007 01:02 PM

Message Edited by hunting_bears on 10-05-2007 01:02 PM

Anonymous · ‎10-05-2007

Hi,
To the best of my knowledge here are my answers to your questions:

1.) Involuntarily Dismissed could mean that the case was dismissed by the courts on a motion filed by the Trustee for any number of reasons. The most common is missed plan payments.

2.) Having the BK dismissed means that you are no longer afforded the protection of the courts concerning creditors. It also does stay on your credit reports as being filed and should show up in the public records section.

3.) You can file in any federal court no matter where you live. Once you file there, your case will reside there unless you have it transferred to a different region closer to where you live.
The 341 one meeting is usually close to the federal court. In my case it was in an office building close by to the court house.

One good resource to research court filings is the PACER program. You can look up documents for a small fee and search by case number. That might help you out in trying to get a handle on the situation.

Hope this helps!!

Anonymous · ‎10-05-2007

creditrecovery,

Those explanations make alotta sense in the situation because it explains so much. The family member didn't tell us alot when he/she had the BKs so we couldn't understand why creditors kept calling and he/she owed money. He/she didn't follow the court's orders which isn't surprising. Thanks!