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    Post Chapter 7 Questions

    I finally received my discharge letter a few weeks ago and had a few questions. Your feedback is greatly appreciated. Main purpose of CH7 was to rid credit card debt.

    First, I'm surprised to how simple the discharge letter looks. Its a standard 1 page template that just states I've been discharged with a signature. It doesn't state what items I've listed in my schedule are discharged etc. But my lawyer confirmed that letter means I'm good to go.

    Now, here come my questions. I ran my credit report today (10 days after discharge letter) and noticed a few things.

    1. For my student loans, for Status, it states 'Included in Bankruptcy' with a balance of 0. This puzzled me because I thought student loans could not be discharged.

    2. All my credit cards I included in my schedule were marked as 'Included in Bankruptcy' for Status except for 2 of my credit cards that held the highest balance. For these, although the balance said '0', it just states 'n/a' for status. Should I be worried?

    3. What happens if you left out a card or the credit card number was incorrect from your schedule? Are these still discharged? According to my lawyer, he states that as long as the creditor is listed (e.g. American Express), all debt from the vendor should be discharged.

    4. What about HOA fees? My debt for HOA was not listed in my schedule. If I plan on foreclosing and my CALHFA mortgage (w/ 75,000 govt. down payment assistance) was listed in the schedule, do I need to repay the HOA balance that has accrued to date? Per my lawyer, HOA is attached to the mortgage and thus, if I'm letting the home go, I don't need to worry about repaying the HOA.
    Last edited by namshik; 09-22-2009, 04:13 PM.

    #2
    Originally posted by namshik View Post
    I finally received my discharge letter a few weeks ago and had a few questions. Your feedback is greatly appreciated. Main purpose of CH7 was to rid credit card debt. First of all, Congrats on your discharge!!!

    First, I'm surprised to how simple the discharge letter looks. Its a standard 1 page template that just states I've been discharged with a signature. It doesn't state what items I've listed in my schedule are discharged etc. But my lawyer confirmed that letter means I'm good to go. Yes, it a rather plain piece of paper, I was expecting a more 'official-type' document'

    Now, here come my questions. I ran my credit report today (10 days after discharge letter) and noticed a few things.

    1. For my student loans, for Status, it states 'Included in Bankruptcy' with a balance of 0. This puzzled me because I thought student loans could not be discharged. Unfortunately, this debt is not dischargeable, they WILL start calling you once you are discharged. I don't know why it has IIB on your credit report, maybe that was just there until your discharge. I would call them and arrange payments. On my credit report, my SLs say, "on hold"

    2. All my credit cards I included in my schedule were marked as 'Included in Bankruptcy' for Status except for 2 of my credit cards that held the highest balance. For these, although the balance said '0', it just states 'n/a' for status. Should I be worried? You need to dispute these, but it MUST read, zero balance, IIB. I just pulled all three of my credit reports today and noticed a couple accounts did not have IIB in the status because they were charged off before I filed, but I disputed them anyway. You may want to wait a couple of more weeks, maybe this creditor hasn't updated the status yet.

    3. What happens if you left out a card or the credit card number was incorrect from your schedule? Are these still discharged? According to my lawyer, he states that as long as the creditor is listed (e.g. American Express), all debt from the vendor should be discharged. Don't worry, everything was discharged, my attorney didn't put ANY of the account numbers down (I was worried), but he knew what he was doing and everything was dischaged.

    4. What about HOA fees? My debt for HOA was not listed in my schedule. If I plan on foreclosing and my CALHFA mortgage (w/ 75,000 govt. down payment assistance) was listed in the schedule, do I need to repay the HOA balance that has accrued to date? Per my lawyer, HOA is attached to the mortgage and thus, if I'm letting the home go, I don't need to worry about repaying the HOA. Not sure about the HOA fees, someone will come along that has experience.
    Congrats again on your discharge!!!
    May 2008 Hired 1st Attorney/Stopped paying CCs
    May 21, 2009 Retained 2nd Attorney
    May 28th - Filed for Ch 7 (FINALLY!)
    9/11/09 - DISCHARGED!!!!

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