Legal Question in Bankruptcy in Hawaii

Unsure of exact type of filing-and if dismissed

filed Chap 13 in 95 Hawaii court. Received notice of discharging Chap 13 Trustee. Also received notice that Chap 7 was dismissed after attempting to convert to Chap 7. Have recieved collection agency attempts to collect debts. Question-was my Chap 13 and or 7 dismissed or discharged? What is the difference? How do I handle these collection agencies? Should I seek legal counsel?, and am I protected by the Chap 13 filing?


Asked on 10/25/01, 11:17 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Unsure of exact type of filing-and if dismissed

If the case was "discharged", it means that the case was successfully completed and a discharge of debts was issued. If the case was "dismissed" it means that no discharge was issued and that everything essentially reverts to the pre-filing status, meaning that debts can be collected. The trustee is discharged (released from further obligations) in either event. It is relatively easy for a lawyer to check the status of your case using the courts' PACER system. But you should first contact the lawyer that represented you in your bankruptcy filing (you did have a lawyer, didn't you?).

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Answered on 11/24/01, 6:11 pm


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