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dylatess
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 4743
Experience:  36 plus years of experience specializing in bankruptcy law
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I filed Chapter 13 bankruptcy with 3 year repayment plan. ALL

Resolved Question:

I filed Chapter 13 bankruptcy with 3 year repayment plan.
ALL plan payments were completed.
Bankruptcy Closed without Discharge as I did not file final form as I moved numerous times and did not recieve. Bankruptcy Clerk says I have to pay $235 fee to reopen to get Discharge. She also says I have $311 Bankruptcy refund for plan over payment. Refund Check returned to court due to wrong address.

One Credit Card Company that missed filing deadline and did not get paid anything has now filed to reopen case and claim amount they had not filed for since case was not discharged. Credit Card Company appears to have sold debt to Attorney in Sacramento,who is now trying to collect.

Attorney in Sacramento says I can pay him $7137 for Credit card debt and $5000 to him and he will drop case. He also says if I do not agree all other creditors who did not get full payment will be notified and they can refile to get full amount of original debt paid since I am now working and my income so much higher than when I orginally filed 3.5 years ago.

Is this legal? Can Debtors Attorney have case reopenned and get more money. Or can I just pay the $235 to reopen myself and sign form to get discharge and stop him?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  dylatess replied 1 year ago.

Over 35 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions.

 

The attorney is wrong and trying to intimidate you. If the creditor was listed, and they did not file to be paid, providing you reopen and obtain your discharge, their debt is discharged as it is not too late for them to file a late claim. So please get the fees paid to the court as soon as possible. Likewise, you can ignore the attorney.

 

Please rate my answer ok or better so that I am paid for helping you.

Customer: replied 1 year ago.


Thanks so much, Yes, this creditor was listed on the original filing


None of the original debt was mine, when I lost job, wife committed sucide and that's when I found out she had $145,000 in credit card debt she'd been hiding by sending statements to her sisters house. I had one credit card with a total of $105 on it.. Just finished paying off $13,876 to my attorney last month for his fees and he's retired, so I was in shock to get the letter from the Credit card attorney.


 


Thanks for your answer

Expert:  dylatess replied 1 year ago.

You are very welcome. And I hate when attorneys try to pull a fast one!

 

Please be so kind as to rate my answer ok or better so that I am paid for assisting you.

dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 4743
Experience: 36 plus years of experience specializing in bankruptcy law
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