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BK Chapter 7 question

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Anonymous
Not applicable

BK Chapter 7 question

Is there any way to have a BK Chapter 7 removed early mine is due to drop on Nov 2014. I never filed for BK my ex-husband did that on his own, we were married he went to war then we separated so really I was with him for 3 weeks and moved back to California. I didn't even know it was legal someone could file a BK without your signature requesting it. Can someone advise me if this would be grounds to remove it this year. Also it is a Discharged not sure the term or what it means please advise. Thank you all for all your help in the matter. Also the terms used here I am not familiar too so please let me know who I have to write into for my request. Thank you all for all the feedback.

 

Monie

Message 1 of 25
24 REPLIES 24
DaBears
Senior Contributor

Re: BK Chapter 7 question


@Anonymous wrote:

Is there any way to have a BK Chapter 7 removed early mine is due to drop on Nov 2014. I never filed for BK my ex-husband did that on his own, we were married he went to war then we separated so really I was with him for 3 weeks and moved back to California. I didn't even know it was legal someone could file a BK without your signature requesting it. Can someone advise me if this would be grounds to remove it this year. Also it is a Discharged not sure the term or what it means please advise. Thank you all for all your help in the matter. Also the terms used here I am not familiar too so please let me know who I have to write into for my request. Thank you all for all the feedback.

 

Monie


You never went in front of a BK judge and signed all paper work? Discharged means you are cleared from all debt that was owed. It can never be collected on as it has been wiped. 

Message 2 of 25
ezdriver
Senior Contributor

Re: BK Chapter 7 question

If your name was included on the filing papers, you would have had to attend at least one meeting with thwe bankruptcy trustee ... not necessarily the bankruptcy judge. If it is scheduled to drop off your credit report in 2014, that would mean that it occured in 2002. Do you remember attending such a meeting?

 

Also, you would have received all trustee notices in the mail addressed to you. Do you remember seeing mail like that?

 

When did you first notice it repoting on your credit report?

 

Things don't add up. Something is missing.

Message 3 of 25
Anonymous
Not applicable

Re: BK Chapter 7 question

I never received anything in the mail, nor have I ever sat in front of anyone agreeing to a BK, there was not one conversation with me present nor through email, nor through phone call. I just checked my credit report about two days ago. I ran from my bad credit for so long and never thought to request a CR. Today I called the CB to dispute this BK, I was married to a man in the army. I met him three weeks later we married, I was in TX we broke up over the phone shortly after the fact and I moved back to Cali. I did get served divorce papers but to my knowledge I do not recall any type of BK being included in the divorce.

 

I never asked for a BK never even checked into it so I am disputing it with the CB. Sadly had I been smart enough to pull my own CR I would've caught this in advance. If this BK is related to me after the CB investigate what would be my options at the point. I should've been involved in something like that how can anyone get a BK without being present or involved in it. I don't even think a power of attorney from the Army could allow my ex-husband such authority to claim a BK on my behalf. I was the one who had one on him not vise versa. Please advise me so if this doesn't work through the CB I can continue to fight this. The CB said to me they won't request my signature on anything from the court it was judge in. Thank you

 

Monie

Message 4 of 25
starry1
Valued Contributor

Re: BK Chapter 7 question

Get yourself a Pacer account and pulled up the record of the bk.  Check the Petition and see how he filed and if your signature was forged.


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Message 5 of 25
Anonymous
Not applicable

Re: BK Chapter 7 question

What is a pacer account? can you provide me with the website thank you

Message 6 of 25
DaBears
Senior Contributor

Re: BK Chapter 7 question

Message 7 of 25
Anonymous
Not applicable

Re: BK Chapter 7 question

I don't know what the case number is will I find that on my credit report? I wasn't involved in the process of the BK so I have no idea what to look for when searching for the BK record. Also they ask you to pay I would if I know I can find the case I have no problem with that. I guess you can say I'm stuck because I am not knowledgeable of any case number or how to even find this BK in the pacer system please advise thank you

 

Kind Regards

Monie

Message 8 of 25
DaBears
Senior Contributor

Re: BK Chapter 7 question

You can search by social security number also. I have had pacer for 1 yr now and I never paid to look at filings 

Message 9 of 25
Anonymous
Not applicable

Re: BK Chapter 7 question

I registered and it said I had to wait a week by mail to receive the log in and pass word. Wow this is going to take some patience's. So from your experience you can locate the filing through this site of the BK with SS#?  Will it show signatures on this file and should I contact a lawyer to go  after my ex-husband who has done this to me? I would think this would be illegal to do without my consent.

 

It's no wonder this whole time every time I've applied for credit that I was denied. I thought it was just due to my medical bills, come to find out this BK is the reason for it not happy about that one bit. I want to sue the person who has done this to me. Yesterday I contacted the CB to dispute it what do I need to expect from this? Can I get an answer sooner than the 30 days? I'm not sure what the process is because I've never disputed anything with the CB. Thank you again for all of your help in this matter.

 

Monie

Message 10 of 25
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