reopening chappter 7

[jggreenbrier]

filed chapter 7 in 2006, case was closed without discharge, due to not filing in time the financial class course ( i was five days late and paperwork is on file with the court). my credit reports show discharged in 2006. i applied for mortgage because my credit score now is 680, they want a copy of the discharge letter. which i do not have.

question if i reopen to get the discharge letter, what date will the discharge be effective. when the bk was originally closed or the date the discharge is done. if the date will be now i perfer not to reopen because the credit bureus show already discharged and it has been five years already and have reestablished myself. dont want to show a discharge date of now, becaude it will look like it is a new bk.

and will they report the new discharge date to the credit bureau.

[stinkypalm]

Get it from Pacer, it will cost only a few bucks.

[jggreenbrier]

the discarge is not there. i will have to reopen the bk to get it, my question really is if i reopen, judge signs discharge, since my filing is in 2006, will he use that date as discharge or we he use todays date, and will it rereport back to credfit bureau with the new discharge date

[tcreegan]

Hi jgfreenbrier,

Usually the court doesn't report to the credit bureaus, the bureaus pull from public records. I doubt they do this by hand, I imagine they have an automated system, but from the posts on incorrect reporting I don't think it works very well.

Just a heads up, the BK code doesn't give a time frame for reopening BK cases, but some Federal BK Rules defer to Federal Rules of Civil Procedure which say that fixing a mistake in a case needs to be done in a "reasonable amount of time" "no more than a year" (F.R.CV.P, rule 60(c)(1))

So if you hear that you can't reopen after a year, this is where it is coming from. According to BK law, there is no time limit. 11 § 350(b)

As to the discharge date, it will probably be the day it is ordered by the BK judge. Seriously doubt they will back date it to 2006, but I could not find any hard and fast information on this. Hopefully someone w/ experience can chime in...

Tom in Colo