Here it is over a 1 year later and we're still receiving calls daily and letters from Chase. We've spoke to our lawyer and he blows us off. We tell Chase we filed bankruptcy and have discharged paper, they tell us discharged means our bankruptcy was cancelled. I just checked the property appraisers website and we're still listed as owners. I just want to stop being harassed, I've tried blocking their number however they must have 100 different numbers. What can I do?
Your inquiry appears to depend on if your case was dismissed, or if you received a discharge.
You should determine which word it is, usually this can be done by reviewing the last order from the court.
If you received a discharge, the conduct of Chase is puzzling, and may be a violation of the discharge order. Further facts are needed. Did you reaffirm, or not reaffirm, the bank debt? What are the calls and letters from Chase for?
If the case was dismissed, then it better explains the facts in your inquiry.
It means there was no bankruptcy relief granted, and you remain liable for all debts.
If you are unable to obtain an explanation from your former attorney, you should contact another attorney to review your situation, and determine if you are eligible for filing bankruptcy again, and this time obtain a discharge.
General legal advice is offered for educational purposes only. A consultation with a qualified attorney is required to determine specific legal advice as to your situation and applicable law. We are a debt relief agency and we help people file for relief under the bankruptcy laws.
I'm thinking Chase might be your mortgage holder. Your case was probably discharged (I am guessing) but since it was a Ch 7, the secured loan on your home probably remained unaffected. This could be a bit of a mess, which explains why your attorney doesn't want to get involved. (He should't ignore you, of course). Really more facts are needed to give you a coherent answer.
The answer to your question hinges on the difference between "discharged" and "dismissed". Both of these words come up in bankruptcy and because they begin and end with the same prefix and suffix, they are often confused. To receive a discharge means that your liability on the listed debts is removed by court order. To have your case dismissed means that your case (papers, facts, your behaviors) did not comply with the bankruptcy code and as a result the judge kicked you out of your bankruptcy. If you received a discharge, you no longer owe those debts and you have the opportunity to sue any creditor who continues to attempt to collect upon them. If you were dismissed, you still owe the debts and in some extreme cases those debts become exempt from discharge in bankruptcy in the future... kind of like student loans. Knowing which scenario your in is vital. If your lawyer is blowing you off, I suggest you call another bankruptcy attorney and give them your case number. Hopefully they will be kind enough to at least explain what has happened.
I can solve this for you in about 10 minutes for free. If the lender keeps calling you, then you can sue them for a discharge violation, or in state court.
Most likely you did receive a discharge. Most likely the lender is being stupid and calling to collect. But they may claim that they are calling to see if you want to do a modification, short sale, or deed in lieu of foreclosure.
How many times have you told the lender's reps that you surrendered the home and filed bankruptcy?
Please email me at [email protected]
I can look up your bankruptcy case, make sure everything is proper, then show you how to get the creditor to stop calling.
If your bankruptcy was "dismissed", you still owe Chase the monies and they will continue to bother you unless you are able to re-file the bankruptcy if allowed by federal law.
If your bankruptcy was "discharged", and Chase was mentioned as a creditor in your paperwork, you can take Chase to Bankruptcy Court and ask for contempt and/or other type of punishment. They are not to bother you if the debt was discharged. The Bankruptcy Court will force them to pay your attorneys' fees for their misconduct.
Alejandro R. Lopez, Esq.
Law Office of Alejandro R. Lopez, P.A.
4465 Edgewater Dr.,
Orlando, Fla. 32804
Ph.: (407) 649-1404
E-mail: [email protected]
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