Experienced Advice Needed!

[tep2020]

Here's my situation....

I went through a divorce this past year and a half.
The catch on weather or not for me to file bankruptcy was if my ex-wife was going to be able to re-finance the house on her own. Needless to say I couldn't afford the mortgage and child support on my own.

In this time I retained a bankruptcy attorney. But, My ex-wife came through with the lender at the last moment. So..I didn't need to file bankruptcy. right?

But, then...
Six months go by...I'm offically divorced and I thought my life was getting back to normal.

WRONG!

I get a phone call one day and it was this bankruptcy attorney that I retained.
He had filed bankruptcy for me.
OH MY GOD I was mad!
For some reason I didn't think he was going to set a court date without talking to me first. And for some reason I could have swore I told him over the phone I didn't need to file.
So, Now he tells me..."I need something in writing saying that you no longer need to file".
So, I send it to him and he says my court date is on such and such date.

So...MY problem is....

How do I get this off of my credit? Do I have to do this legally? Do I need to get an attorney?

I have been paying on all my debts since. But, Since this is on there all the banks see is bankruptcy and I can't get crap. Not even a credit card.

If someone could give me some experienced advice it would be much appreciated.

Thanks In Advance, Tom

[SinkingFast]

You haven't been to Court, right??

Your attny has just filed on your behalf, but you haven't been present at a Court date yet, right??

If that's true, I think you can get a Summary Dismissal by simply not attending the 341, aka Meeting of the Creditors. That's a mandatory Court appearance that occurs about a month after you file. If your not there, the Judge will dismiss your BK.

I'm not sure if, at that point, it will be like you never filed, Credit Report wise, that is. Maybe others will know better and comment.

Court wise, tho, if you do that, you'll be screwed for filing BK for something like 2 years I think. BK isn't something you jump into and then just back out of. BK is serious business in a Federal Court. That's why there's a re-filing penalty.

[tep2020]

First...Thanks for the reply.

To answer you question...No, I did not go to court.

My court date was sometime in the middle of Jan. 2006. He needed that signed paper from me so he could take it to court with him. He did mention something about a "no show" like you were saying. Then my BK would be discharged with the courts.

But, Like your saying and I don't know either. I don't know how to get that off of my credit report. I thought it would drop off in due time.

I have been paying on a outstanding loan by sending it directly to the lenders bankruptcy department.
I also have a credit card that I have no way of useing. But, I keep paying on it too.

Kinda F**ked up. Huh?

I have the documention from the courts that day. I'll have to look at it again. I'm hopeing I can do something without getting an attorney again.
I guess that's what lead me to here.

[USPSA-Shooter]

First...Thanks for the reply.

To answer you question...No, I did not go to court.

My court date was sometime in the middle of Jan. 2006. He needed that signed paper from me so he could take it to court with him. He did mention something about a "no show" like you were saying. Then my BK would be discharged with the courts.

But, Like your saying and I don't know either. I don't know how to get that off of my credit report. I thought it would drop off in due time.

I have been paying on a outstanding loan by sending it directly to the lenders bankruptcy department.
I also have a credit card that I have no way of useing. But, I keep paying on it too.

Kinda F**ked up. Huh?

I have the documention from the courts that day. I'll have to look at it again. I'm hopeing I can do something without getting an attorney again.
I guess that's what lead me to here.

Your BK wasn't discharged, it was Dismissed. It is still going to be on your CR's. You filed for BK (whether you did or your attorney did), you can bet that is on your CR's. You will have to dispute that off, if possible.

[Minnymouth]

How did your attorney file BK for you if you didn't sit down, go over the documents, and then sign them all for him to file for you??

Surely you knew when you signed all of them, he told you when he was filing them and he would notify you of your court date?