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Creditor still showing a balance on CR after receiving discharge

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    #1

    Creditor still showing a balance on CR after receiving discharge

    hello to all, this is my first post. I recently received my chapeter 7 discharge, and after reviewing my CR all of the creditors showed a $0 balance status, due to my BK petition, except one of them (Beneficial $4500 balance). When I originally filed, I had a real hard time with them, specially with this @sshole rep that was taking it personal. I've gotten a cash loan from them, but I never actually made a monthly payment to them since that's when I decided to file for BK. I know for sure I included this creditor on my filing, so it could have not been an error. Why do you think this happened? the account says it's still open, what could happened in this case? I don't wanna get sued or still be liable for this money now that I am not protected by the BK umbrella. Please help. Thanks
    Last edited by littlejuanito; 02-22-2006, 03:17 PM.
    Tags: None
    #2
    anyone?

    Comment

      #3
      Its not unusual for creditors to NOT report correctly. Since you mentioned that you took the cash loan right before filing, did they file an objection with the BK court? If so, it may not have been discharged. Check with your attorney!
      Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

      Comment

        #4
        Stacy,
        I'm thinking your right, they have objected and may have gotten the "stay" lifted..... and he may not be aware of it....

        Evidently he is not aware that a large cash loan or advance like that right before filing BK would result in having to pay it back....

        He did not say whether he filed pro se or used an attorney....
        Minny

        "It's amazing the paths that our feet sometimes follow in life".

        My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

        Comment

          #5
          i did have an attorney represent me. if they had the stay lifted I was never told. What could happen in this case? This creditor never showed up at the meeting of creditors either.

          Comment

            #6
            They don't have to show at the meeting of creditors, and they have up until 60 days after the meeting to file an objection. Get in touch with your attorney, he would have been notified of any objections filed.
            Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

            Comment

              #7
              If it indeed happened the way you're saying, heck I don't wanna pay for this debt I petition for BK. That's the point of me filing Ch 7, I will hate to still have to pay for an old debt after bk. What are my options and what can they do to me? what if I don;t pay? BTW, they never called me again either.

              Comment

                #8
                If you took out a $4500 cash loan and turned around and filed bankruptcy before even making your first payment, I'm guessing the trustee would rule in the favor of the creditor if they did file an objection. BK is not about borrowing all you can and then filing on it. It is a last resort when there is no other way.

                At this point, though, we're speculating. CALL YOUR ATTORNEY. No need stressing over something when you don't know if there is even anything worth stressing.
                Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

                Comment

                  #9
                  I too would be surprised if Beneficial didnt come after you for the money. How did you manage to file and include them w/o making the first payment? No offense but that does sound contrived when you take out a loan and have no intention of paying it back...not even the first payment. I agree talk to your attorney because I cant imagine how he thought you could defend your intentions and expect the creditor not to object. On the other hand you included in the BK so if they had a problem with it why didnt they object? Since you have received your discharge isnt the creditors time to object over?

                  Comment

                    #10
                    Thanks for everyone's replies. It was not my intention to take the loan and never pay it back, it so happens that I missed the first payment and at that time it's when I decided that I was way over my head in debt and decided to go for broke. I know it seems that way, but had that been my plan, I would have maxed out all of my credit cards. I haven't contacted my lawyer, I will. I'm sure he would have informed me of an objection, but then again, you never know.

                    Comment

                      #11
                      Did you file under old laws or new ones??
                      Under new laws attorneys are held responsible for whats in your petition and explaining it to the court.....
                      If this creditor objected your attorney should have notified you.....
                      Minny

                      "It's amazing the paths that our feet sometimes follow in life".

                      My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

                      Comment

                        #12
                        I filed under old laws. I'm yet to speak with my lawyer. I just hope they didn't file an objection.

                        Comment

                          #13
                          SAYwhich looks bad), then you file BK right away, (which looks worseless

                          Comment

                            #14
                            by the way...is your case closed yet??

                            Comment

                              #15
                              Pink amulet: I just got done talking to a Beneficial rep and thank God they didn't object. They just hadn't updated they're records but they have my account closed as a BK. (What a sigh of relief). They say it should be reported as such in the following cycle...I hope so.

                              Comment

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