Can someone here guide me to information regarding the actual definition of the word 'discharge' as it relates to BK 7?
My BK 7 was discharged (or finalized, as I understood the term's meaning) in December, 2001. My Petition (Chapter 7 Individual Debtor's Statement of Intention) clearly states which property I was surrendering and which debts I was re-affirming.
One of the re-affirmed debts was my mortgage. I continued to receive statements from the mortgage company, they accepted my monthly payments, paid my property taxes via my escrow account so I assumed everything was fine.
When I re-financed this mortgage in November, 2003, I found that the bank was referring to my mortgage as "discharged in bankruptcy" and my payoff amount was shown as a charge-off.
My understanding of that usage of discharge is that it means I was relieved of responsibility for the debt and that chargeoff implies that the debt was, well, charged off as a bad debt.
To complicate all of this, my lawyer had me sign the re-affirmation documents, but he "forgot" to send them.
I've disputed the entry with the credit reporting agencies and all but 1 removed it. I then contacted the bank who answered that my debt was discharged and they couldn't "lie for me" and report that it had not been.
Anyone? I've been reading Bankruptcy code all morning and haven't found what I'm looking for.
Kate
My BK 7 was discharged (or finalized, as I understood the term's meaning) in December, 2001. My Petition (Chapter 7 Individual Debtor's Statement of Intention) clearly states which property I was surrendering and which debts I was re-affirming.
One of the re-affirmed debts was my mortgage. I continued to receive statements from the mortgage company, they accepted my monthly payments, paid my property taxes via my escrow account so I assumed everything was fine.
When I re-financed this mortgage in November, 2003, I found that the bank was referring to my mortgage as "discharged in bankruptcy" and my payoff amount was shown as a charge-off.
My understanding of that usage of discharge is that it means I was relieved of responsibility for the debt and that chargeoff implies that the debt was, well, charged off as a bad debt.
To complicate all of this, my lawyer had me sign the re-affirmation documents, but he "forgot" to send them.
I've disputed the entry with the credit reporting agencies and all but 1 removed it. I then contacted the bank who answered that my debt was discharged and they couldn't "lie for me" and report that it had not been.
Anyone? I've been reading Bankruptcy code all morning and haven't found what I'm looking for.
Kate
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