QUESTION
creditor that was not listed on bankruptcy is trying to take me to court 3 years after my bankruptcy case what can i do?
Asked on Apr 10th, 2014 on Bankruptcy - Missouri
More details to this question:
My bankruptcy was done during my divorce Chapter 7 no asset. But now 3 years later I'm finding out my attorney missed someone and I'm having to go to court. The attorney that did my bankruptcy is no longer and attorney and the office he worked for is dodging my calls. I having contacted other attorneys but they are wanting a lot to reopen and file the paperwork but they have all said the same thing that if the debit accured before bankruptcy then there is not much that they can do. and that looking at my filing that the attorney I had did not know what he was doing at all.
1 ANSWER
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Was the creditor listed on your credit history report? If the creditor was listed on your credit history report then it would be the responsibility of your attorney to fix this situation, but since your attorney is no longer practicing war that is simply not even a choice. The good news is is this can easily be remedied by any competent bankruptcy lawyer. Simply have a bankruptcy attorney reopen your case put this creditor in, as long as this debt was from before you filed bankruptcy, and then receive a discharge on this debt. This happens very often and is not difficult to fix it all. You can have any lawyer that is able to file bankruptcy handle this for you, there's no need to keep going back to the same law firm. If this was the type of debt that was not on your credit history report and you did not bring this to your attorney's attention, I which you know know attorney will fix this for free. Bankruptcy attorneys can only go by the debts that are listed on the credit report and those brought to us by our clients, many times our clients forget about a debt or simply failed to give us the debt and then they come back after bankruptcy. But as your attorney is no longer practicing it really doesn't matter one way or another because you can't get other attorneys and law firms to fix the mistake if it was a mistake.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
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Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
Answered on Apr 10th, 2014 at 11:44 AM