Closed or Discharged?

[slliemab]

What is the name of your state? MI

I filed Chapter 7 (pro se) in March 2007. I thought I had a little more time and missed the time limit for getting my second part of the credit counseling course turned in so I get a letter in June saying my case was closed without discharge. I have been trying to figure out how to get the motion and order to reopen my case but since I had no lawyer I've had little luck. I did turn the credit counseling course certificate in right away after getting the letter but was told I'd still need to reopen it to get my discharge.

Now we are trying to get a home loan (fortunately my husband wasn't involved in my chapter 7 and has excellent credit because my debts were from before we married) but they still wanted to pull my credit report as well because it would help us if they could use my income towards the loan. When she pulled it she said it appears as my bankruptcy was discharged in June 2007 so they can't use my income. Shouldn't it say it was closed? I was still planning to reopen it as soon as I can get all of the paperwork together or I was planning to get a lawyer to help me. Now I am wondering if that is necessary? I pulled my credit report up myself just to see and all 3 reporting agencies show that it has been discharged.

Why is that? Should I still reopen it? The courts did tell me that my creditors would likely start coming after me again and not one has called or sent a letter so I am thinking they think it was discharged. Now I am confused. What would you do?

 

[bigun]

Register for a pacer account and find out what really happened.

http://pacer.psc.uscourts.gov/

 

[slliemab]

Pacer says it's closed but it also shows my credit counseling course 2 days after it was closed. I would think that means it still has not been discharged.

Why would my credit report show it as a discharge? That's weird. I think I'll ask a lawyer anyway just to be safe. I know it's a long shot but I am hoping I can get a lawyer to help me draw up the paperwork I need to get my Motion/Order to reopen my case and get it discharged but since I filed Pro Se I am worried they'll refuse to help me. I've tried and even got great advice here on how to get that paperwork but don't have whatever programs I need to put it in the right format and I am not sure how to word it. I wish I had gotten a lawyer in the first place but I was so broke that it was impossible and I had to do something quick because they were going after my bank accounts.

 

[slliemab]

It's crazy!

I just found an attorney that would agree to help me this morning. We've set up a meeting for next Thursday when I'll try to get the info I need. I am really hoping they'll help me quick.

I was saying that the creditors had not bothered me but just today I got a letter from a bank in town saying that they had tried to garnish my account. Fortunately, I have no account at that bank but like an idiot I called to tell the debt collection agency that I was reopening the case. The know where I work and where my bank is but I still have not got letters saying they were garnishing my account or my paycheck. I hope my bank/employer has not received a letter yet so my next paycheck on Thursday won't be affected because I am gonna need it to pay the lawyer/courts. The reopening fee is $240 or $260 and the lawyer is charging me $300.

Does anyone know how much can be taken from my bank account? Also I have a disabled son who receives SSI. It goes direct deposit into my account. Can I prevent them from taking that from him?

 

[Who's Liable?]

It's crazy!

I just found an attorney that would agree to help me this morning. We've set up a meeting for next Thursday when I'll try to get the info I need. I am really hoping they'll help me quick.

I was saying that the creditors had not bothered me but just today I got a letter from a bank in town saying that they had tried to garnish my account. Fortunately, I have no account at that bank but like an idiot I called to tell the debt collection agency that I was reopening the case. The know where I work and where my bank is but I still have not got letters saying they were garnishing my account or my paycheck. I hope my bank/employer has not received a letter yet so my next paycheck on Thursday won't be affected because I am gonna need it to pay the lawyer/courts. The reopening fee is $240 or $260 and the lawyer is charging me $300.

Does anyone know how much can be taken from my bank account? Also I have a disabled son who receives SSI. It goes direct deposit into my account. Can I prevent them from taking that from him?

A BK is not discharged UNTIL you get a letter in the mail stating "discharged"

The will take ALL available fund in the account. SSI is exempt, but they will take it out and you will have to fight to get it back. You will need to prove that is it from SSI, usually takes a while to get a refund for it.