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FloridaBKlawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 11
Experience:  I have over ten years of experience in corporate and individual bankruptcy.
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We filed a chapter 7 in july 2003. I called my mortgage company

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We filed a chapter 7 in july 2003. I called my mortgage company to ask why we haven't been getting statements and found out that though our bankruptcy has been discharged, the attorney we used did not contact the courts prior to the discharge to inform that we are re assuming responsibility for our debts. The representative from the mortgage company said that this is traditionally done prior to the discharge and we may have no course of action and are doomed to be in perpetual bankruptcy. We have been responsible for all our debts for the full term of the chapter 7 and are ready for this to be removed from our credit report. How can we accomplish this?
P.S. We have been unsuccessful in locating the attorney we used seven years ago.
Thank you for allowing me to assist you today. Bankruptcy stays on your credit report for 7 to 10 years and will fall off automatically. You would have filed a statement of intentions with your bankruptcy, which would have stated your intentions with regards XXXXX XXXXX debt. Normally, a reaffirmation agreement would have been filed to reaffirm the debt, however prior to October 2005, they weren't required. This meant that if you didn't pay the mortgage company or car lender could only come get the collateral and could not sue you for the deficiency. It was a benefit for your client's not to execute the agreements. I hope this helps, please feel free to ask me to clarify if necessary.
Customer: replied 7 years ago.

How can we know when the chapter 7 will fall off? The mortgage rep. gave the impression that without a reaffirmation, the chapter 7 will always be on our record even though it has been discharged. How can we find out for sure when it will no longer be on our record?

It should automatically fall off in ten years. I believe it is 10 years for a 7 and 7 years for a chapter 13. You still have three years to go. Are you getting statements for your home now?
Customer: replied 7 years ago.
We receive a blank statement with no amount due and no due date, and we receive that sometimes after the date due. This has been a recent development as we have always received "normal" statements when the mortgage was with Washington Mutual. They sold it to JP Chase Morgan and now we get the statement as described above.
That really doesn't make any sense. It seems as though JP Chase Morgan is treating you like you are still in bankruptcy. You might want to call the service company again and try another party. Have your discharge handy so that you can fax it to them.
Customer: replied 7 years ago.

Where can we get a copy of the discharge?

From the bankruptcy court. I hope this helps.
Customer: replied 7 years ago.
Yes, thank you so much for your time and your help. Have a great weekend!
Have a great weekend as well. I hope this helps, if it did please click "accept" and provide feedback if possible.
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