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    What to do?

    Hi everyone!
    We filed on 12/31/07 and finally got discharged on 04/21/08...After reviewing the paperwork I noticed something wrong...I had 2 JCPenney accounts one for 2300 and the other around 600. I had given the attorneys office both notices but I notice they only have the 2300 amount with that account number listed on the bankruptcy information. Before I noticed it I disputed it with all the credit bureaus, but now see it was the attorneys mistake. Is there anything I can do? Or should I wait for Jcp to come after me for that small amount? I considered paying it all in full to them but sometimes they settle for less, would that affect my credit score for settling for less?

    Sorry for all the questions just curious how this works...

    I checked my scores today and my equifax shot up 10 points since yesterday...wohooooo...:-)
    Filed 12/31/07
    Discharged 04/21/08

    #2
    You can check with your attorney about this, but I would say that both JCP accounts would be discharged. Any debts incurred before your discharge, listed on the petition or not are considered discharged.....in a no asset case. However, in an asset case, your creditors not listed are not able to benefit from any proceeds, therefore you owe the debt. Of course, this may not pertain to you because your issue is with one creditor and 2 different accounts.

    As for the affect this other account with have on your credit report.....that will depend on whether or not the debt should be discharged. If it is, which I presume it would be, any repayment/settlement won't have an impact on your credit beause the debt will be listed as IIB and a $0 balance.

    BTW, with a Ch.7, you are allowed to voluntarily repay any debt that was discharged.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

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      #3
      As long as they were notified of the BK, then both accts have been discharged!!!!! That is a for sure!
      Chapter 7 Pro Se....Discharged Feb. 2006

      Comment


        #4
        Originally posted by CindyLou View Post
        As long as they were notified of the BK, then both accts have been discharged!!!!! That is a for sure!
        Actually, I went through this same problem. There is case law out there that says If you omit a debt in your 341 meeting and the company WAS NOT aware of your BK, it is still discharged in a NO ASSET BK 7 case. Check your local federal courts for the information. Unfortunately I will have to pay this debt because my wife was on the card and we did not file jointly. I filed separately and she was not included in the BK. They will probably go after her for this money, so indirectly I will pay this debt.

        HTH,

        Ian

        Comment


          #5
          Thanks for all the great information guys and gals! I'm still getting our credit report cleaned up which is slow but its coming along...But its great to know if I have a question to come here...there are peeps who have been in my shoes and knows these things.

          Good Luck everyone!
          Filed 12/31/07
          Discharged 04/21/08

          Comment


            #6
            Re : What to do?

            Hi, friends.
            Well i liked the suggestions provided from all the repliers. That information is helpful to us. Its good to know that you all are quite aware.!
            Thanks.

            Comment

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