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I Was About To File BK But I Did Not!


lovelydria
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I was about to file bk last year in 2006. I did not complete the process so I met with the person that was going to do it and got my money back, he told me that i did not file and I had nothing to worry about, so i did not worry until i pulled my credit report and its showing a public record. I don't know what to do. I contact the guy and fax him proof that the public record was there and ask him to write me a letter saying that I did not file bk. when I recieve the letter what do I do with it?:confused::confused::confused::confused: Thanks Everybody

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You don’t need to wait for his letter. Call or make a trip to your BK court compare your CR & public records (PR) with the clerk. Perhaps he filed the initial petition? Anyway, one call should let you know where to stand. You can ask the clerk how to proceed but her reply will most likely be “I can’t give legal advice”.

Search the BK section of this site for a remedy and post your other subsequent replies there.

Cheers

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Courthouse? You mean like physically go there? Ugg! That's sooo much work.

But seriously... if it was me, I'd simply send a letter to the CRA(s) explaining and asking them to look into it first. No point in doing a lot work unnecessarily.

If you want to know if there really is a BK on file, you can use the PACER system for free. Your case number should be on your CR.

http://pacer.psc.uscourts.gov/

-r

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Either way depends on how close she may be. Good catch on pacer I did not mention it because the OP used another person (attorney?) Inference that she may not be familiar with the process. I concur OP definitely want's to use pacer if she can understand it.

That said, depending on what IS filed the remedy/disposition would remain with the court. Moreover, depending what IS filed..this could all lead to a needless Adversary Complaint/Proceeding to completely and entirely unfork this. *I will note that this would be worse case scenario.

Cheers

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That said, depending on what IS filed the remedy/disposition would remain with the court. Moreover, depending what IS filed..this could all lead to a needless Adversary Complaint/Proceeding to completely and entirely unfork this. *I will note that this would be worse case scenario.

Cheers

Any idea when it shows up as a public record? When the case is filed? Or discharged?

-r

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Any idea when it shows up as a public record? When the case is filed? Or discharged?

The day the voluntary petition is filed Form B1; the automatic stay begins.

If the schedules and other documents are not prepared and ready to be filed at the same time the petition is filed, Bankruptcy Rule 1007© allows 15 days for completing and filing most of them. Including withdrawing your BK (no fee refund)

It sounds like the petitioner filed and the OP changed boats in this 15 day window. OP says she got her money back

:confused:

For the OP if the petitioner was not you & this has or does cause you economic harm. You have a civil case against the petitioner including damages.

"not mine" probably is not going to cut it. If it has worked for others..hats off. The OP may want to try this anyway to see if it works.

An adversary complaint on a BK that never happened...sometimes you just have to say DAMNNNN!

Cheers

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I could have sworn I read LadynRed say something on here to the extent that if you file for BK it still shows up as a public record with the notation of dismissed. Since it is a public record, dismissed or not, it stays. She would have to pipe in on this one.

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Correct isislc; Additionally, the OP infers that she voluntarily had the BK dismissed.

The act of filing for bankruptcy shows up in the public records section of your credit report. The court can dismiss your case, dismiss your case with prejudice or you can voluntarily ask the court to dismiss your case.

If you volunteer to have your case dismissed, then the credit bureaus are obligated under the Fair Credit Reporting Act to report both the filing and the voluntary dismissal. Both will remain on your credit report, however, for 10 years. But the negative credit history associated with the individual accounts drops off your credit report after seven years.

For the OP: What was the reason for dismissal? If other than voluntary you need to talk to your attorney/petitioner and seek the appropriate and only recourse I stated earlier in this thread.

sorry to be the barer of bad news.

Cheers

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lovelydria

he told me that i did not file and I had nothing to worry about, so i did not worry until i pulled my credit report and its showing a public record.

He was wrong. You didn't get any paperwork from him/her as to the final disposition of this matter?

This is what I would do..look up my case on pacer. Your case number should be on your CR. http://pacer.psc.uscourts.gov/ Just Like razr said. Then I would contact the person of origin for some face time. If you don't understand pacer don't sweat it. Go ahead and make a face time appointment at the origin of this "you have nothing to worry about".

The first thing you need to know is what type of dismissal it is. If it was a voluntary dismissal you might be stuck....unless you can prove your bankruptcy case is dismissed because the bankruptcy petition preparer acted negligently. Please pay attention to dates. Again look at this link for recourse.

http://www.usdoj.gov/ust/r05/pdfs/bankpetprep.pdf

There is not much else to post until you are privy to your dismissal.

You can dispute with the CRA's like BJS suggested. In fact, all things considered I strongly recommend it.

Cheers

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