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    cencalrebecca's Avatar
    cencalrebecca Posts: 1, Reputation: 1
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    #1

    May 29, 2009, 11:11 PM
    Remove excessive Public Record caused by negligent attorney
    In 2004 I needed to file for Chapter 13. I provided the attorney with all documents, signed all the necessary paperwork and left the rest to the attorney who claimed he would file and get our court dates. He did file initially and then had to file additional documents which I had already provided.

    Long story short: Attorney missed the necessary deadline and my case was dismissed. He informed me that it was his error and that he would pay to "refile" it. Now I have 2 public records dated within 3 weeks of each other. Is there a way to remove the one that was dismissed due to the attorney's lack of action?

    Thank you for assisting as I have been very good with rebuilding my credit file however this continues to haunt me beyond the public record that I actually "deserved".
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 30, 2009, 05:16 AM

    No, and this should have no effect on you, it merely shows it was refiled, this is very common ( very)

    Last year I sat though some first meeting of creditors, about 1/3 ( est from memory) of the attorneys who were there did not have all the filing paper work or did not have them correct

    But no this is what happened, and it is what was filed in court and it will show up.

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