We filed a chapter 7 for our business and ourselves. We have been discharged for 1 1/2 years. I have been trying to get our credit cleaned up and noticed that GMAC is listing a balance due and a charge off. As I went thru my papers I notice that they had only listed 60,000.00 as the debt owed and when I gave them my papers I listed 2 account at 200,000.00. Is there anything I can do about this at this at this point.?!!!!
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A question first...did you file before or after October 18, 2005?Originally posted by dori View PostI have been trying to get our credit cleaned up and noticed that GMAC is listing a balance due and a charge off. As I went thru my papers I notice that they had only listed 60,000.00 as the debt owed and when I gave them my papers I listed 2 account at 200,000.00. Is there anything I can do about this at this at this point.?!!!!
Since you listed this debt on your forms, GMAC didn't file an objection to your case, it's discharged, and they haven't tried to collect from you after 18 months, I don't think they have a legal leg to stand on if they say you still owe this debt on the consumer side. They were notified, didn't object, and your case is closed. I'm not sure how this same circumstance works in business Ch 7 however.
If you filed with a lawyer, it's a good idea to get his/her take on this. Paying for a half hour of their time is good insurance nothing has been overlooked. And if you filed without a lawyer, go to PACER and see what's listed there under Creditors in your paperwork. (If you don't know about PACER (Public Access to Court Electronic Records), check the sticky post in the General Bankruptcy folder here or read the PACER FAQs online - http://pacer.psc.uscourts.gov/faq.html - signing up for PACER is free!)I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go
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