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Credit report says bankruptcy PACER says discharge withheld. Which is it?

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    Credit report says bankruptcy PACER says discharge withheld. Which is it?

    I got really sick when filing back in 2009 and did not complete form 42 (i think it's 42 or 43?) so when I look on PACER, it says discharge withheld for failure to submit certification of instructional course for personal financial management. BUT when I look on my credit report, you can see I'm in the red and there is the bankruptcy there, with all that I listed as creditors on the 2009 filing. NOW, my dad says he will help me pay off my debt if I can avoid filing bankruptcy, but it appears like it's already gone through? Or has it?? Can debts be discharged if the case is withheld? Does anyone have any idea what is going on here? It's like the court clerk reported to the credit bureaus then turned around and dismissed the case because the court didn't get what it wanted (the form for the personal financial mgmt course)...

    #2
    Welcome to the forum.

    Unfortunately, your dad can't help you "avoid" a case that you filed in 2009. The fact is you filed bk. You did not obtain your discharge back in 2009 because you failed to file the certification that you completed the Financial Management Pre Discharge Debtor Education course. Simple solution is to take the course, file a Motion to Reopen for the purpose of entering the discharge, pay the reopening fee, file the Certificate and then let the Clerk of the Court enter the Discharge. Of course, this assumes you have not run up a bunch of debt since 2009. If you have then you need to discuss your options with a local bk attny.

    What your credit reports says is not legally binding as it relates to your creditors. However, it is quite possible that you are beyond the statute of limitations for law suits for many of the obligations listed in a 2009 case.

    I am sure others will chime it with suggestions.

    Des.

    Comment


      #3
      Thanks Des! That helps! My main concern is, does it make sense to negotiate paying everything off with help from my dad...or is this not even possible/worth it/etc...??

      Also, if I don't reopen, what then? Creditors list my debt as $0

      Comment


        #4
        Again, your credit report is not a "legal" document. What is on it (listed at $0) has no impact on whether or not a creditor can go after you. Your debts were not discharged in the 2009 case. All creditors are free to go after you subject only to whether or not the obligation is barred by your State's statute of limitations. Whether or not a creditor will choose to go after you is anyone's guess.

        Certainly you can open the door to the creditors who apparently have been leaving you alone all theses years and start trying to settle. Or you can do what you should have done back in 2009, complete the bk process and get the discharge you are entitled to. Personally, I would go for the discharge.

        Des.

        Comment


          #5
          I agree with Des. Reopen the case and get the discharge. Your creditors probably sold your debt. You never know when a JDB will show up to trying to collect. The best defense is a bankruptcy discharge.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

          Comment

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