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If your bankruptcy attorney made a mistake in a reaffirmation and refuses to correct it how can you appeal or reopen a discharged but not closed case?
Wiki User
∙ 8y ago
File a complaint with the local bar association against the lawyer.
Go to the court - clerk and ask them the procedure in that jurisdiction.
Wiki User
∙ 8y ago
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Can my loans be discharged in bankruptcy?
Bankruptcy laws are complex. You will need to get correct answers from a competent attorney.
How can you get a bankruptcy removed from equifax when it has been removed from the other credit bureaus?
If you have checked your report from Equifax and a discharged bankruptcy is on there, you can simply write to them with the amendments and they are obliged to correct their report.
How do you correct an error on your filed bankruptcy?
It may not be necessary to correct it. Consult your bankruptcy attorney. If the case has been closed, you will have to pay to reopen the case and file a motion to make the correction. If the error makes your bankruptcy invalid, it will get complicated.
Are creditors required to remove debts from credit reports if filed under bankruptcy 7?
Assuming that you properly listed the debt in your bankruptcy, the creditor should report the balance owed as zero and it should also correct your credit report to show that the debt was discharged in bankruptcy. You should send a certified, return receipt letter (keep a copy) to the credit card company and enclose a copy of your discharge. Demand that they correct this entry on your credit report. If they fail to do so, contact a local bankruptcy attorney for further assistance. Failing to correct a credit report can be a violation of the discharge order and the bankruptcy court could order the creditor to pay you damages if they fail to correct the error. You should also write a dispute to the three credit reporters: Experian, TransUnion and Equifax, and have them insert it in your report, i.e. "This debt was discharged in bankruptcy on _____ (date)."
Can the IRS come after you when the taxes were discharged in a Chapter 7 two years later?
The question is NOT whether taxes are dischargeable in a bankruptcy. The question that has been asked is whether the IRS can still pursue you for taxes that were discharged in a bankruptcy (which would obviously confirm that some taxes are dischargeable in specific circumstances).If your taxes were discharged in a bankruptcy, the IRS cannot come after you for those taxes after the bankruptcy has been discharged. If they are doing so, they probably did not enter them as discharged correctly on their computer system.To correct this, you should call IRS collections and explain to them that the taxes should have been discharged in your bankruptcy. Ask them to send a referral to the IRS Insolvency Unit, and the Insolvency Unit will be able to pull the bankruptcy records and confirm what should have been discharged.Note that any liens that were filed before the bankruptcy will survive the discharge process. So, although the IRS debt has been discharged a lien may continue to exist. This lien only attaches to equity that was exempted in the bankruptcy process (so if you had $20,000 of equity in your home that you exempted under bankruptcy homestead exemption, the lien continues to attach to that equity). It does NOT attach to any equity that builds in your assets after the filing of your bankruptcy petition.
If your first bankruptcy was dismissed and the second one filed but you never made payments for either can they be removed from your credit report?
The second according to my credit report only says filed. My transUnion doesn't show it and I don't have my Experian report. I will have to contact the court I am sure to get the documentation I need. thanks for your input. Your first bankruptcy can be removed, because it was dismissed. A dismissal is a legal disposition of the legal action bankruptcy. The other disposition is discharged. You don't mention what the disposition was of the second bankruptcy. If it was granted, and your debt discharged, but you never paid on it, (was it a chapter 13?) then it is not discharged. You need to find out the correct status of the bankruptcy before this question can be answered.
Can you stop a creditor from selling your account once you have filed bankruptcy?
No. The bankruptcy is to stop anyone who has a right to collect a debt from being able to collect, called the automatic stay. If the debt is listed in the correct debt owner's (creditor's) address and it is discharged, it does not matter who owns the debt.
How do you find out if your bankruptcy status is correct?
I'm not sure what this question means by "bankruptcy status." Assuming it means whether your credit report has correctly listed your bankruptcy, or correctly listed the debts on your credit report as "discharged in bankruptcy," then under the new law each person is entitled to one free copy of their credit report per year, so one can request a copy from one of the three credit reporting companies and check if the bankruptcy is correctly listed and if all of the debts listed in the bankruptcy say "Discharged in bankruptcy" on the credit report. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Not sure what your asking, but you can always take your file number to the bankruptcy clerk and ask her to see your file. At least you can see the complete names and addresses of your creditors, dates of notifications, and order of actions taken in your case, first hand. - you can always call your attorney since you paid them to represent you, the trustee in charge of your case, or the bankruptcy court.
Power of attorney or Powers of Attorney- Which one is the correct?
power of attorney.
Can creditor report car as repo 2yrs after BK discharged if reaffirmation was not entered in court although timely payments made for 2yrs after BK and creditor shows zero balance on credit report?
A creditor can report a car as repo and not correct it unless you call them. If it not their responsibility to make sure your credit report is right, it is yours. If you contact them, they must fix it.
The initial bankruptcy amount has been paid now all the excess money has been paid as well it was paid on December 10th does this mean the trustee is allowed to take the next years income tax?
When I did a Chapter 13 bankruptcy, I was concerned that they would take my income tax refund. For five years, they never touched it. You should be fine, but your bankruptcy lawyer is bound by law to represent you through your entire bankruptcy. (Although he may charge you more). You may want to check with your attorney to be sure.BEST ADVICE: Contact your bankruptcy attorney, a tax professional, or the IRS. This is not a question you should risk getting a correct answer to here.
The correct plural of the noun attorney is?
The plural of attorney is attorneys.
