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ex-husband must have file incorrectly, lawyer now deceased..

Date: Wed, 06/07/2006 - 09:20
Submitted by on Wed, 06/07/2006 - 09:20
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Before I was married, my husband-to-be and I filed bankruptcy together. At the time, (this was 1992) I was young and naive so I let him handle everything. Since the divorce, I got my credit report and all the items he should have filed on are still showing, as well as the bankruptcy itself. I don't know if it has ever been discharged or anything. The attorney has since died, and I can't seem to find out who would have my records. I'm not sure if that would matter anyway, as he was also my husband's divorce attorney. Maybe there would be a conflict of interest now?


You can go to the public records division of the county you filed in they will have everything the court was given. There may be a fee, I don't know. When you get your copy, you should check for the following things:
[quote]"Statment of SSN"- Be sure that yours is present and correct.
"Vountary Petition"- Make sure it was signed by you.
"Property Schedules A,B,& C"- Lists what property you had and what is exempt.
"Schedules D & E"- Lists creditors holding secure(D) [i.e. house and cars] and unsecure priority(E)[i.e. what you owe the lawyers] claims.
"Schedule F"- Lists all other creditors.
[/quote]Compare those things to your credit report. If they match, dispute the credit report. If not, seek legal advice on the liability if any your ex has in this matter.

Also, if it was discharged, they should have records of that as well. :wink:


Submitted by dcashwell3 on Wed, 06/07/2006 - 10:03

dcashwell3

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I doubt the bankruptcy court will be having her records now. As far as I know, files are stored for two years in the court and later, they are stored in floppy discs. There is a high chance of getting positive results with your dispute with the CRA. Be aware, most of the items should not be in your file now as they are past the 7 years reporting period also.


Submitted by Gretchin on Wed, 06/07/2006 - 10:34

Gretchin

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