Thank you for the great information. I will look for an attorney. It will probably be too late on purchasing my house because the bank won't wait. The account was with a different agency at the time of chapter 7 and it looks like someone else bought it up and I was wondering if that matters.I did get one phone call like 6 mos ago saying.g I owed money and I stated that I filed chapter 7 and I would have to contact my attorney and they never called back so I assumed that they saw that and figured it was a closed case
How can I tell if they did dispute it within that one year period? As far as I know they did not do so. I will be searching for a lawyer to help me with this but fear this could cost me as much as the loan. I know you don't know what it will cost but do you think it will be fairly expensive to follow through with this.
Thanks again for the good advice
The creditor would have had to file a motion to set aside in bankruptcy court, and you would have been served notice. You can check the bankruptcy court file to see if a motion was filed and the creditor claimed to have served you with notice. But, if nothing was filed (and I doubt that it was, because TERI has also been a debtor in Chapter 11 bankruptcy reorganization, so it probably had more important things to deal with), then it's way too late now to try to set aside your discharge.
Re cost, I have no idea, but the court can order the creditors to reimburse your attorney's fees. Hope this helps.
Do you think in your Opinion, and only you opinion that I should share this info with the mortgage company since they have all my chap 7 filings? Also which of the suggested avenues you explained should I travel first. I wouldn't mind doing some of the "legwork" myself before going to a professional attorney so that I don't have to break the bank and they can review what i have already done.
I will try to make this my last question..lol.
I don't see any harm in showing our conversation to your lender. However, given that your mortgage rep isn't a bankruptcy lawyer or judge, he/she will not be able to rely on any of this in making a favorable decision. You're going to have to get your credit report cleaned up, and the only way that can happen is to force the CRAs to remove the negative entries. That may require a court order (if I were the loan underwriter, rather than a lawyer, that's what I would require).
As far as which road to travel first, if it were me, I would check the court record to see if there have been any orders made since your discharge. If not, then I would send a dispute to the CRAs with a copy of your discharge and the schedule showing the student loans. If that fails, I would hire a lawyer and file for contempt against each CRA and each debt collection organization that has made a negative credit report against you (including the original creditor, if that's on your credit report, too). Hope this helps.
How would go about checking the courts to see if anything was made since the discharge? And is there a specific time frame for which they have to do so? I know you mentioned within a year for the claim of fraud but I didn't know if they were the same thing
Is there a limit to how long they can dispute the discharge after the court discharge date?
Thanks for all your help and I will not reply anymore. If you could just answer that last question I would Appreciate it and I just wanted to say thanks again
I am very stuck with this situation, I called the local numbers they gave me and they tried referring me to bankruptcy lawyers and when I explained my situation they said they could not help me and to call my original lawyer or file a complaint against him. I didn't know if I was looking in the wrong place because those ones I did call only said they could help me with current filings. I don't know what to do but it seems to me this is going to screw up everything for me and this creditor can just do whatever they want. Do you have anymore advice?
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