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dkennedy
dkennedy, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6009
Experience:  15+ years experience
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I filled bankruptcy in August 2011. It was discharged in December

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I filled bankruptcy in August 2011. It was discharged in December 2011 but still has not been closed. We owed the trustee $2700 from our 2012 refund, which we did not file until December of 2012. At that time the attorney told us we could just make payments to the trustee. Then we were passed to a new attorney within the firm and told we could not do that but we could play him from 2013 return. Since 2 years have passed a lot has changed. We have decent credit due to a few credit cards and a car loan, and my husband has found a great job. Our income has more than doubled. We want to buy a house soon and have realized the bankruptcy was a huge mistake. We honestly only had about four thousand dollars in active debt at the time of filling and simply panicked because my husband was out of work and a collector got a judgment to take $900 out of my checks. We have asked the lawyer if we could cancel the bankruptcy since we feel we are in a position to handle the debt on our own now. He told us that it wasn't an option because we had drug it out for too long and that canceling it would be worse for our credit any way. Is this really the case?

Hello,

 

If your bankruptcy (I'm assuming a Ch.7) was actually discharged, you cannot "cancel" anything anyway. If you do not make the payment to the trustee, however, you could be in trouble with the bankruptcy court and they could take action against you. If the trustee chooses to collect on that money, your credit could suffer. You'd be wise to pay the money and go on with your "new credit" life.

 

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