Without discharge?

[Isfpachristy]

my husband and I filed for chapter 7 in early June 2022. First premier was one of our credit cards that we included in the bankruptcy. A couple days ago I noticed that they are now reporting that debt that should’ve been discharged on my credit report. I called them and they are telling me that the debt was filed , and without discharge. as far as I know, when our chapter 7 was concluded, all debts were discharged. I’m not understanding how this one credit card didn’t get discharged, and it was one of the lowest credit cards we owed money on

[justbroke]

Welcome to BKForum.

Do you know if your case was an asset case? Also, do you know if you scheduled (listed) them on your bankruptcy schedules as an unsecured creditor on Schedule F?

[Isfpachristy]

We had no assets and, yes they were all listed. I’m not sure about the schedule f part.

[justbroke]

I would email/fax them a copy of the Order of Discharge and the service list which was attached to that order. I would let them know that in no uncertain terms that continuing to attempt to collect the debt will be met with your attorney reopening the case to seek monetary sactions.

[Isfpachristy]

It’s also saying that our certification for credit council before and after we “case closed without discharge” , meaning even thou we completed them, they were not given to the court on time.

[justbroke]

That doesn't matter. The only thing that matters is whether or not the court issued a discharge. The court will not issue a discharge unless the financial management course was submitted. (The credit counseling is needed to file a case and the court would have, likewise, dismissed the case very early if you had not submitted the required "pre-filing" credit counseling.)

Are you sure there was a discharge entered in your case? Do you have access to PACER? Did you file on your own?

[Isfpachristy]

I have pacer and I have gone through it but unfortunately, I don’t know exactly where to look to find out if it was discharged, all I know is when I spoke to first premier, they said that it was Not discharged,
and like I said, we had a lawyer that filed for us and I can’t get him to call me back or nothing. Now it was two years ago we filed so I don’t know if that’s why he’s not answering or what

[Isfpachristy]

I have screenshots of all the paperwork. But there’s no way to submit them here to show you anything.

[justbroke]

Isfpachristy, we would not want you to post anything here. This site is anonymous although many of us know each other one way or another. I'm going to send you a private message.

[Isfpachristy]

I appreciate all the information! Could you please tell me what document would list all the discharges? Maybe it would be easier for me to find what I’m looking for if I knew what the title of the list would be.

[justbroke]

There is no (single) document that lists all debt that was discharged. You would reference the Order of Discharge. If you don't see an Order of Discharge in PACER, then you may have a problem.

The Order of Discharge simply states that "all" debts that arose prior to the filing of the case, that are not otherwise excepted from discharged under 11 USC 523 or by court order, are discharged.

(Actually the new form is a lot more fancy than the old single sentence discharge. You can see the "general" discharge order form here... https://www.uscourts.gov/sites/defau...orm_b318_0.pdf)

[Isfpachristy]

I did not see anything like that in any of my files

[Isfpachristy]

And it won’t let me answer your message or send you what you were asking for

[justbroke]

There's some posting limit on our site before it allows Private Messages. I think you need more than 10 posts. I'm sorry about that.

[Isfpachristy]

It’s ok. Thanks.