I have a huge problem.....

[FloridaGirl]

Wow...here goes. I received a notice of a law-suit back in November '04. One of me CC companies was suing me for about 15 grand. I immediately consulted an attorney and I paid him the FULL BK fee of $800 the following week. I asked him what I should do about the impending law-suit and he said not to worry because he would send them a "suggestion of bankruptcy" notice. He said that notice would put a halt to the court case and any possible judgments. So, I thought all was well. My BK was discharged on May 25th of this year. I pulled my credit report today to see what was going on, and lo and behold, there is that damned judgment from that CC company. I got out my BK paperwork, and I looked for the "suggestion of bankruptcy" the attorney supposedly sent to them back in November when I informed him of the case. Guess what! He didn't send them a damn letter until February 9, 2005! The darned judgment came through on December 14, 2004!!!! He was supposed to send the letter after I went to see him, and paid him in November of 2004! He screwed me over. I did what I was supposed to do but he didn't send the "suggestion of bankruptcy" until well after the court date. What am I supposed to do now? What a bunch of bull. Is there anything I can do to get this judgment taken off? It is the attorney's fault and he should have to pay for his mistake, but I don't know how to go about it. I even have my receipt where it shows I paid him in November too. Damn him to heck! Had he done what he was supposed to do...what I paid him to do, there never would have been a judgment.

[Minnymouth]

FIRST CALM DOWN......
Second - check your discharge papers and see if this is listed as part of your bankruptcy discharge. If so then, lawyer did do his job...
If it was included, then you need to notify that company that they need to correct their reporting to the credit bureau that this was included in Bankruptcy.
I feel that it "was" included otherwise your would have gotten a "wage garnishment" already regarding the judgement probably.
So calm down, check your paperwork, notify the company to correct their reporting if that is the case.
You might ask HHM or TODD about this also - they are better informed then I am.
Good Luck

[FloridaGirl]

Minnymouth, it is so cute the way you always say, "CALM DOWN" before you post. Indeed, some of need to calm down.

I contacted my attorney yesterday and they said what I expected them to say. This particular creditor was listed on my BK petition and they said the judgment should have been squashed with the BK. According to this forum, that isn't possible. The moderators have said that if a judgment is rendered before a BK is filed, then the judgment can't be touched. So, I don't know what to do. My attorney said I needed to write a letter to each of the 3 credit bureaus saying that the judgment was included in BK. They said that should be taken off my credit report. And, you might be right because I haven't heard anything from this creditor since I filed BK. So, maybe the BK did take care of it. I just hate having that judgment on my credit report, in addition to the BK. Thing is, the judgment was rendered before my BK was filed, so it made it to my credit report. So, now I have the BK, plus a judgment.

[Minnymouth]

I always say "Calm Down" now....I wish someone had said it to me.
My was and is still and "wild" Chapter 7 with lots of unusual things that happend. Been going on over a year.
I have had panic attacks, now have ulcers, etc worrying myself sick over loosing my house in a Chapter 7 and then having to try to buy it back at the mercy of the Court. Had storm damage to it during BK and couldn't cash checks to get it fixed. Have had a tarped roof for almost a year now and its still not over with yet.
Hopefully something will be settled this month - its getting close now........
SO WHEN I SAY "CALM DOWN" - IT'S THE BEST ADVICE I COULD GIVE ANYONE. I let my nerves, mind, get the best of me. Bad thing to do.

Don't let anything - EVEN BANKRUPTCY - destroy you mentally, physically, emotionally, and financially as it did me. I don't think I will quit ever be the same as before.

My Chapter 7 "no asset case", turned into a "nightmare" when the trustee found an unperfected title to my home.

Thanks to my mortgage company and their title company 7 years ago for not filing titles and liens correctly - I LOST MY HOME IN MY CHAPTER 7.

But I have survived - am still fighting to get my home back and will........thanks to a "friends" investment. He is purchasing my home/land until I can buy it back.

Its been hard - but I MADE IT THRU...........

I'd done better if I had stayed "CALM" thru it all.

So when I say it - I REALLY MEAN IT.........

MINNY

[Minnymouth]

YEP "CALM DOWN"

I would go ahead and send a letter to the creditor and too the credit bureau regarding the judgement being included in the BK. That may force the creditor to report it as a BK item.
If not - really no "big thing". Judgement/bankruptcy - credit is still going to be bad until you build it back up again.
Send your letters - certified - enclose copy of BK discharge and list of creditors discharged.
Check in about 45 days to see if they have made any changes, if not "hit them again".
Hopefully, they will correct it since you are disputing it!

Now comes the process of "rebuilding your credit".
Good Luck to YA!
Minny :p

[FloridaGirl]

Thanks Minny!