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dismissing bankruptcy car settlement $$$

Submitted by on Tue, 09/29/2009 - 16:56
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After 18 months they are finally settling my personal injury case.Now,because the bankruptcy attorney didnt file papers a month ago,when I told her we settled I have 2 options,which btw,I offered to pay the under 10k owed,including unsecured.This would be option 1)pay off bankruptcy,which would mean wait 60 days to see any money from the settlement........or 2)bankruptcy attorney says ask for a discharge,takes 72hrs,I get my money......ok,I want to opt for #2,recovering from surgery,cant work,an cant pay bills...electric company wont wait 60 days,and yesterday diagnosed with extreme stress,hairs falling out....So,we dismiss the bankruptcy,the creditors can come after me...Its ok,have the money to pay them....but....what about the ones who didnt file?several questions
Most debts on bankruptcy are from junk debtors,can they file judgements....I dont even know how they snuck 10 and 15yr old debts in there!
What about the creditors that didnt respond,can they come after me too?
pay day loans,but they were over 4yrs old
What I actually owed,within last 4yrs was mortgage,1 loan at credit union
all the other debts are older
I have no clue what most of these comanys areon my bankruptcy
Dish network,700,they refused to come get thier dish...that was almost 7yrs old
So,I really,really would like to pay off the bankruptcy....and it seems stupid that they want to hold up over 300k for me only owing 10k,that way ide be covered......but im drowning financially,again...and cant take the stress anymore..........SOMEONE PLEASE HELP


If you dismiss your bankruptcy, then it's as if you never filed it basically. Any creditor can come after you, regardless whether or not they filed a claim in your BK.

Judgments/lawsuits are a possibility. But if the debts are 10-15 years old as you say, then I'd think they'd be way-past SOL and you could use that as a defense if they did sue you.

I'm sure you probably have two separate attorneys - 1 for the BK, and another working on your personal injury case. It sounds like the two aren't really communicating with each other. You should get them both on a conference call and work out what is best for you.


Submitted by DebtCruncher on Tue, 09/29/2009 - 17:51

DebtCruncher

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Yes,I should be able to ask bankruptcy attorney...oh wait,this is the attorney that wont call either me,or my personal injury attorney back...other words she stinks.
Ok,went over credit reports before bankruptcy,
From trustees office apr-sept 07 no creditors filed,approved nov 07
2nd claims and distrubution sheet,oct 07-march 08,10 claims,amended
this is when I found out who snuck what in my bankruptcy,disputed with attorneys office,got no where,as usual...she stinks
Asset acceptance 911.00 for target...that one is like 12yrs old
Asset acceptance 152.00 thats 10 years old
Asset acceptance 459.00 8 yrs old
Only thing I can think,they bought the debts,redated them,filed them on bankruptcy
Theres a few others,recent,legit some not on bankruptcy but on credit report now,even tho they didnt file.
Some charge offs,so I dont think if they charged them off they can file
mainly I filed to save my house,then the junk debtors came out of nowhere
And again,love to talk to my bankruptcy attorney,but she has my money,doesnt return calls,and if I fire her,would cost me more money to hire another


Submitted by on Tue, 09/29/2009 - 18:18

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