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Got My Second Discharge Today!!!

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    Got My Second Discharge Today!!!

    I will post some of my history regarding my case.

    Filed 10-5-05. Wrong creditor matirix appeared in my case with electronic filing. Brought to attorney's attention before 341 on 11-11-05. Courts made a notation in Pacer regarding the wrong matrix due to an error. Lawyer told me not to worry about the matrix.

    I listened to him... mistake number one! Received my discharge on 1-18-06... Yay!

    I checked periodically in Pacer to see if the correct matrix was mailed to the proper creditors. There never appeared a correct matrix. Brought this to the attention of my attorney again after receiving my discharge.

    How was I to try to clean up credit report when the correct creditors had not been notified, was my question all the way through my case handling up and until after the discharge???

    A Request for Order to Extend Deadline to File a Complaint Objecting to Discharge of Debtor or to Determine Dischargeability of Certain Debts and the Court to Correct the Mailing List was finally received by the court from my attorney and filed on 2-13-06. On 2-13-06 the Notice and Order Vacating Discharge was filed... boo, hiss.

    I called the court on 4-4-06 to see why my case had not been discharged yet. She told me if it wasn't discharged by 4-7-06 to call back. I waited until today and called again, transfered to four people again, placed on hold while she reviewed my case. She finally came back on the line and said she would request that the case be discharged. That is what the other gal had done on 4-6-06!

    There was also a "No Close" flag on my case. She asked me to wait while she looked one other place and came back and said the case should be closed around ten days after the case is discharged. I called about 2:30 PM and when I checked PACER one last time at 4:00 PM... I HAD MY DISCHARGE! Yippee, Yippee!

    The moral to this is, if this happens to anyone else, do not sit and wait till you get your first discharge to make sure someone follows through with getting the correct matrix of creditors notified.

    Now, after wasting almost three months since my first discharge, after the BK gets updated on my credit reports I can start working on any problems.

    My mother and I celebrated the 181 day mark last week by a take-out steak and turkey dinner from Marie Callendars. We are both physically handicapped so it is easier to eat at home.

    She will be 85 this May and I told her kiddingly when I first filed that she better not do any thing stupid on me in the next 180 days. She is my best friend and I would be lost without her. If anything would have happened to her before 180 days past her home would have to have been sold as its value far exceeds my $150,000. exemption. At least we both can rest easy that I won't be homeless.

    The last six months has been a long wait and I must say I am glad it is over. The relief of knowing at almost age 63, I have a clean slate with which to begin is a great feeling. I wish I would have done it much sooner.

    Good luck to all of those of you who are still waiting for discharge. The second one is not quite as exciting as the first one was, but at least this one is for real!!!

    CAB in CA

    #2
    Sounds like they put you thru the mill also.......
    Wrong matrix mailed - can you believe that???
    You are lucky that you kept up on that.... you could have ended up discharged, and still owed all the debts.... if you hadn't started investigating.....

    Congrads on it being over..... and yes it will be good to get on with life and possibly retirement for you.......

    Now on to rebuilding that credit score for emergencies sake.....

    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


      #3
      Yes, Minnie, it has been an interesting ride, nothing compared to yours, but interesting just the same.

      The amazing part is if I had not signed up for PACER I would not have been aware of the error. The copies of the CH 7 bankruptcy filing that the lawyer provided me contained the correct matrix.

      Now a another real mind bender is when I accessed what was E-filed with the bankruptcy court on PACER the correct matrix was also there with all of the filed documents.

      It is when the creditors were notified by mail another person's matrix was used with my name on it.

      I caught the error as soon as I accessed the list of creditors mailing matrix and notifed the attorney. The court did make the notation that the incorrect creditors were notified on my docket text, but no one followed through with mailing the correct matrix.

      Two days before my 341 my lawyer called me and said when we appear the trustee may reschedule my 341 due to the error. The 341 proceeded as scheduled and the lawyer said don't worry about the matrix just go home and wait your 60 days, you are good to go!

      When I brought this to the attention of the lawyer, again, after the first discharge, he went and talked to a BK judge friend of his and she was absolutely floored that something like that happened. She said in all of the years she has been on the bench she has never heard of a situation like that.

      It makes me wonder if someone else is out there with a discharge and my creditors were on their mailing matrix instead of the ones filed with their case???

      In my case, PACER has been worth every penny.

      CAB in CA

      Comment


        #4
        Yep, they do make errors...............

        And yes, somebody else out there is not aware they have a problem probably............... their creditors might have come off your matrix...... and thus, they could still be billed by creditors NOT DISCHARGED after their bankrutpcy. HOPE NOT!!!!!!!!!!!!!!

        It pays to keep an eye on your attorney, watch your paperwork, and let the Trustee KNOW you got an eyeball on him too..................

        Minny

        PS. Sure glad you got that straightened out and lucky that you found it..... Could have caused a lot of grief for you in the future and not know what the problem was.......
        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

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