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Do creditor updates on CRs provide indicators of their intentions on filing APs?

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  • Do creditor updates on CRs provide indicators of their intentions on filing APs?

    **I apologize if this is already covered elsewhere on the forum - did several searches and couldn't find it.**

    I recently filed non-consumer CH7 with an attorney; and unfortunately, didn't discover this forum until afterward. It wasn't until after filing, that I discovered that I am at a high risk of getting multiple APs filed against me, as I made multiple charges (ranging from $1000 - $5000+) on multiple business and personal accounts, as early as 22 days before filing. At the day of filing, all accounts were current. (I now know that I filed too early...this was all in attempt to keep my business afloat - i.e. cover payroll and multiple commercial lease payments. Didn't decide to file BK until about a week before I did when my husband realized I was just robbing Peter to pay Paul for a non-performing business) Nonetheless, my attorney was aware of all of this info and still filed my case.

    All water under the bridge now. I've already received one AP that I've settled; and based on that, I'm expecting more to come. I know that no one can say for certain what a creditor will do, but I was wondering if creditor updates on reports provided any indication of their intentions? All of my creditors, except the AP referenced above, have closed and listed my accounts as IIB. Does that action indicate that the creditor doesn't plan to file an AP? Again, I know I can't change anything at this point; just trying to prepare myself of what's to come - also considering filing a malpractice claim against my attorney, but that's another story.

    Thanks in advance.
    Last edited by labqueen; 03-26-2018, 12:51 PM.

  • #2
    Generally, the status of an account in the credit bureau, indicating IIB (included in bankruptcy), is automated. That has no bearing on a creditor's decision to file a complaint to determine dischargeability.

    As an aside, if you filed a malpractice suite against the attorney, the proceeds could be property of the bankruptcy estate. I only say that because your cause of action may have arisen before filing.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

    Comment


    • #3
      Thanks so much, justbroke . That's good info to know; I guess only time will tell what my creditors will do.

      Regarding the malpractice suite, I'm completely OK with that, as my only objective is to solely notify the court of the attorney's actions - not collect monetary damages. Their nonchalant attitude regarding their mistake (of not properly advising me of the law) is what bothers me.

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      • #4
        You would contact the Bar Association and not the court regarding anything that may require an attorney to be disciplined. I would not do that in the middle of your case, as that would certainly sour the relationship.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog


        I am not an attorney. Any advice provided is not legal advice.

        Comment


        • #5
          Agreed. Thanks again, justbroke .

          Comment


          • #6
            The AP that you settled was it a one time settlement or was it to reaffirm the debt?

            Comment


            • #7
              sak It was a one-time settlement. Although the total balance on the account was $15k, the complaint was for one charge ($5k + plus interest) that I made about 3 weeks before filing. I paid the $5k in one lump sum to settle the complaint. The remaining debt $10k was IIB and the account was closed by the creditor.

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