Legal Question in Bankruptcy in New York

misfiled bankruptcy

filed on 10/07, discharged on 1/08, almost cancelled 2x by court because they never received copies of documents our lawyer insisted he sent. 2 month audit. after all this about 4 months ago tried to get a secured credit card to start rebuilding and were denied. Got credit reports to find nothing was removed. Have spent the last 4 months disputing with bureaus and creditors who claim they know nothing about bankruptcy. Now we cannot get a judgement off of credit report because although it was discharged, our attorney never filed to have it vacated. I found this out after contacting him about this for the last 6 weeks. ''He doesn't know what the problem is everything was filed properly'' I have been told looking into it for the last 4 weeks and still will not come out and say he messed up but will take care of it. One lie after another.


Asked on 9/18/08, 9:59 am

1 Answer from Attorneys
Stephen Starr Starr & Starr, PLLC

Re: misfiled bankruptcy -- Bankruptcy Not Properly Reflected on Credit Report

If you have filed bankruptcy and have received a discharge then your creditors have certain obligations under the Fair Credit Reporting Act with respect to reporting of your pre-bankruptcy debts to credit bureaus.

However, if a creditor was not scheduled as a creditor and listed on the mailing matrix filed in your bankruptcy case then that creditor's claim would not be discharged (or put another way, an omitted creditor's claim is not discharged).

If a creditor with a dischargeable claim (such as typical credit card claim) was scheduled and has failed to comply with those obligations, then you have certain statutory rights and remedies under the Fair Credit Reporting Act. This is a different area of law than bankruptcy law. Many bankruptcy attorneys are not very familiar with this area of law.

Please feel free to contact me at 8888678165 for a free initial consultation.

Best regards,

Read more
Answered on 9/18/08, 10:24 am


Related Questions & Answers

More Bankruptcy Law questions and answers in New York