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    bridge3272's Avatar
    bridge3272 Posts: 2, Reputation: 1
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    #1

    Sep 4, 2008, 02:16 PM
    Something not listed on the bankruptcy
    I filed bankruptcy in 10/05 and it was discharged in 4/06. I am four days from closing on a house and the underwriter called and said there were something's that were on my credit report that were not listed in the bankruptcy. Is there anything I can do? My bankruptcy attorney will not see me for 10 days, and I am supposed to close on Wed of next week. I do not know why they were not listed, but on my credit report it shows that they were from before the discharge of the bankruptcy and they are showing as closed accounts.
    PLEASE HELP!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Sep 4, 2008, 02:22 PM
    Quote Originally Posted by bridge3272
    I filed bankruptcy in 10/05 and it was discharged in 4/06. I am four days from closing on a house and the underwriter called and said there were somethings that were on my credit report that were not listed in the bankruptcy. Is there anything I can do? My bankruptcy attorney will not see me for 10 days, and I am supposed to close on Wed of next week. I do not know why they were not listed, but on my credit report it shows that they were from before the discharge of the bankruptcy and they are showing as closed accounts.
    PLEASE HELP!!

    I don't know what you mean - they are closed because they are paid off?

    Why would closed accounts hurt you? Open accounts I can see...

    I don't understand how this can happen if it is info that can hurt you - didn't you make full disclosure to Bankruptcy Court?
    bridge3272's Avatar
    bridge3272 Posts: 2, Reputation: 1
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    #3

    Sep 4, 2008, 02:24 PM
    Yes we did we thought our attorney put everything in the bankruptcy but the underwriter has a list of about 7 things that were not put in the bankruptcy, they are showing closed, put with a past due amount showing
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Sep 4, 2008, 02:29 PM
    Quote Originally Posted by bridge3272
    Yes we did we thought our attorney put everything in the bankruptcy but the underwriter has a list of about 7 things that were not put in the bankruptcy, they are showing closed, put with a past due amount showing

    Then you most definitely have a problem because they (obviously) were not discharged.

    Do you have the list of debts that you furnished your Attorney? He should have checked them and your credit report but it is entirely possible that these debts had not been reported to a credit company at this time - so it's up to you to furnish him with a complete list.

    You need to know if you didn't furnish info on these debts OR if he somehow missed them.

    I would call the Attorney again - soon.
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
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    #5

    Sep 4, 2008, 02:39 PM
    I can't rate her yet but she is RIGHT!

    If these items were on your credit report, that was inspected by your attorney, then your attorney is accountable.

    If however, they were not on the credit report, and you didn't list them with your attorney, you won't be closing on your house, without paying them prior to doing so.

    For your sake, I hope your attorney screwed up.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Sep 4, 2008, 02:59 PM
    Yes any and all debts should be included on our bankrutpcy.
    In fact most attorneys will list even recently paid off items or things where there is ever a chance you could owe them. I discussed this issue with my family attorney today in fact.
    So the one issue is are you sure it was not listed, did you get out your bankrutpcy paper work and see if it was listed.
    Also just because it was included in your bankrutpcy does not mean it will not show up on your credit report.

    At this point you put off closing and let your attorney take a look at it.

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