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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I was wondering if there is any way to vacate or expunge prior

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I was wondering if there is any way to vacate or expunge prior bankruptcies that were dismissed due to not filing schedules, not filing initial credit counseling, and were basically only filed as open cases...2 Chapter 7's and one Chapter 13 since 2010.
Later, after they were dismissed, no discharge and no follow-through, a lender did a 12(b)6 and/or 12(b)2 Motion to Dismiss claims due to preclusion or maybe estoppel...been awhile since I read the case.
Bottomline, Lender's stated Plaintiff did not have standing because the claims were not provided on Schedule B and used a maxim about playing both sides of the fence/field, and hiding claims from court.
Basically everything was "hidden" because Debtor did not know how to do the Schedule's/Statements, etc. and did not follow through with the Bankruptcies. Therefore, is the Defendent's Motion to Dismiss on foregoing grounds valid? All 3 cases were dismissed by the bk court for not filing aforementioned bk documents for the case(s).
Would it be wise for Debtor to ask the Bk court to Vacate or Strike Previous BK filings, and is there such a thing without re-opening the cases that went nowhere?
Thanks, XXXXX XXXXX

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

cfortunato :

Unfortunately, the Bankruptcy court cannot "expunge" prior Bankruptcies that were dismissed. It does not matter what the reason for dismissal was.

cfortunato :

Once a Bankruptcy is filed, that Bankruptcy remains in the court's records indefinitely, and remains on one's credit report for up to 10 years.

cfortunato :

This is so, regardless of the fact that the Bankruptcy was dismissed before a discharge was issued.

cfortunato :

Is this what you wanted to know?

Customer:

aha! that's the word, Expunge, ok, thanks so much. but can the Lender(s) do a Motion to Dismiss on claims not listed on Schedule B when no Schedules were listed (skeleton petition)?

Customer:

and yes, this is exactly what i wanted to know, i think you just answered my last question

cfortunato :

Yes - any creditor can file a Motion to Dismiss - whether or not the creditor's claim was listed in the Schedules.

Customer:

thanks so much (i have another question coming)

cfortunato :

You're welcome!

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