Ask Experts Questions for FREE Help !
Ask
    wendyCA's Avatar
    wendyCA Posts: 31, Reputation: 4
    Junior Member
     
    #1

    Mar 12, 2007, 06:22 PM
    Dismissed in BK but lien remains
    In CH13, charges of 1400 for a dept store bill were dismissed by judge. During court, my atty failed to "make a motion to dismiss"

    And now I owe 3400 dollars-as a lien on my home. It includes the original 1400, interest and atty fees. I called atty who wants to go to court which I am afraid to do as I might lose. He wants to sue them for punitive damages as well.

    But they store said it was my atty fault for failing to make the motion to dismiss.

    Is this a hopeless case? How can a company have a bill dismissed in bankruptcy and still be paid?

    I appreciate your time.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #2

    Mar 13, 2007, 04:52 AM
    HAve the attorney who fail to do so, correct the matter without charging you any fees, If he fail to do is job you hired him for I would think he owes you are refund.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Mar 13, 2007, 06:26 AM
    I would also check on this lien, Most states do not allow a lien against a primary residence for unsecured debt. So the lien may be invalid.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,305, Reputation: 7692
    Expert
     
    #4

    Mar 13, 2007, 06:48 AM
    Motion to dismiss??

    All debts in a bankruptcy are dismissed at final discharge if they are included in the Chapter 13 repayment plan. If this debt is listed and is part of the payment plan it is included in th plan, If you or the attorney failed to list the debt or if there was an objection unanswered then the debt may have been excluded.

    Who told you the debt was not included or that a motion was not filed properly.

    Let me see you are afraid to go to court because you could lose, lose what?? There is nothing to lose at this point if they have a lien in place.

    I think what your attorney is telling you is that what the store did was illegal, and that the store is lying to you and did something aginat the law.

    And for heavens sake the last people you want to talk to is the store or the stores attorney. If they, as I believe they have, did something illegal, they are also going to lie to you.

    Take them to court, first you have nothing to lose, second if you had a real bankruptcy attorney, a bankruptcy is just fill in the blanks, I have filled out paper work for dozens of them, and what the store is telling you just does not sound right.

    How long have you been in the plan ? If you are still in the plan even if the attorney forgot to include this debt, it still can be added.

    Also as a last resort, you can change the plan to a chapter 7 or just refile a new chapter 7 if you had to.

    Best advice, don't talk to the store or the stores attoreny again, talk to your lawyer and follow his advice
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Mar 13, 2007, 07:16 AM
    I would also check this lien. In most states you can't place a lien on a primary residence for unsecured debt.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Broke a tooth that has a root canal and dentist dismissed me as his patient [ 5 Answers ]

Recently I 'broke' a tooth that contained a large filling and a root canal. Because I have diabetes, leukemia and several other serious health problems, including low platlets, 40ish, my dentist of 18 years informed me that he didn't want me as his patient any long. I presume his liability...

How many grams of which reactant remains? [ 7 Answers ]

Okay I'm stuck in South Korea where I can't find any chemistry books and this question is driving me nuts!! Can someone please help? Chlorine dioxide, ClO2, has been used as a disinfectant in air conditioning systems. It reacts With water according to the reaction: ClO2 + H2O ---> HClO3 + HCl...

Length of time Chapter 7 remains on Credit Report [ 1 Answers ]

At one time CHapter 7 only remained on your credit report for 7 years instead of ten. If filed my Chapter 7 prior to the change in the length of time am I under the ten years or the seven years. My Chapter 7 was discharged in January of 2000. If I am right what can I do? Sincerely, Everett...

CPU Usage Remains at 100% [ 3 Answers ]

Recently, I discovered the CPU usage on one of my PCs will not fall below 100%. I've attempted everything I can think of to resolve the issue, including: - Running Ad-Aware SE - Performing an online scan from Trend Micro - Performing an online scan from Panda Software - Running Registry...

Shower tile floor and grout remains wet looking [ 1 Answers ]

I have a new shower with 2X2s marble floor tile. Every time we take a shower an area of dark, wet looking tile and grout expands. Soon my entire floor will look that way. I've done some research and think that the drain weep holes may be clogged causing water accumulation to saturate my floor...


View more questions Search