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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 02-14-2005, 02:13 PM
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Join Date: Feb 2005
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Bankruptcy Questions


What is the name of your state? Utah

I had filled for bankruptcy last year and moved during the process, because of this I missed my meeting of the creditors. I tried to call and reschedule but they wouldn't work with me.

Now my BK has been dropped. Will it still show on my credit report even though it never went through?

Also I noticed when I checked my credit report for free in december that some of my creditors had just discharged the debt when they learned of my BK. So does this mean the debt is clear or can they still come after me for the amount owed?

I guess I'm trying to figure out if I should re-file.

Thanks for your help.
  #2  
Old 02-14-2005, 08:05 PM
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Location: Nashville,TN
Posts: 15,706
The dismissed BK will stay on your credit reports for at LEAST 7 years, could be as long as 10. Doesn't matter that it was dismissed.

Didn't your lawyer tell you you HAD to be at the 341 meeting ??

Creditors don't discharge debts, they charge them off - write them off as bad debts. That does NOT remove your liability for them at all, only a formal BK discharge can do that.

Once the creditors and collectors catch up with you, they will harrass you to pay.
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"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #3  
Old 02-15-2005, 10:49 AM
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First of all I never had a lawyer, I filed on my own. There was no possible way for me to make the hearing, I just figured they would work with me. Surely I'm not the only one that couldn't make it, don't people get sick, I mean come on, things happen.

Oh well, can't change that now.

I guess I will re-file for BK. So now I will have two BK's on my credit, wow that sucks.

Can I even re-file now, I thought you could only claim BK once in three years or something?

How much extra damage will this do to my credit? I know it will be awful anyways with one BK but does this make it way worse. Maybe I'm better off just moving to a new country.
  #4  
Old 02-15-2005, 07:03 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Well, if you HAD been sick you might have been granted a re-schedule. Some trustees are just hard-asses and there's not much you can do about it. If you'd call ahead of time to ask for a reschedule it might have worked, just not showing up probably torqued them off.

You can file again. The 6 years between filings is for DISCHARGED bankruptcies, your case was dismissed - big difference.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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