Stockton, CA asked in Bankruptcy for California

Q: I filed for bankruptcy and my credit report shows my car loan people have a bankruptcy petition filed chapter 13

I filed for bankruptcy and it got dismissed but it’s still open since then I sent a letter to the judge asking to reopen it and I woke up and seen that my car loan people have since added the bankruptcy to my credit with 0 balance.Does that mean my bankruptcy is back in affect

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4 Lawyer Answers
Leon Bayer
Leon Bayer
Answered
  • Bankruptcy Lawyer
  • Long Beach, CA
  • Licensed in California

A: You need to read the actual court record to find out the true status of your case. I doubt your case was reopened just on the strength of your letter. You are flip-flopping on the ground like a fish out of water. An experienced BK lawyer should be hired to straighten out this mess.

You are probably telling yourself that you can't afford a lawyer. Here's a shock - you can't afford not to hire a lawyer. Specifically a BK lawyer.

You have already jeopardized your chance at wiping relief from your debts. What's next for you to screw up? Getting your car repoed?

Timothy Denison and Yelena Gurevich agree with this answer

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Not necessarily. You need to check the court file. If your bankruptcy has been reopened, your will find the proof there.

Martha Warriner Jarrett agrees with this answer

1 user found this answer helpful

Robert P. Taylor
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Answered
  • Bankruptcy Lawyer
  • Huntington Beach, CA
  • Licensed in California

A: No, credit reporting, even when accurate, is not instant. It can lag days to weeks. Check with the court for an accurate status on your case. You may want to consult an attorney, as in my area, it's extremely rare for somebody to successfully file and complete a Chapter 13 on their own.

Martha Warriner Jarrett agrees with this answer

James L. Arrasmith
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Answered
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: I see how this situation can be confusing and distressing. The fact that your car loan shows a zero balance and reflects the bankruptcy filing on your credit report doesn't necessarily mean that your bankruptcy is back in effect. It's more likely a reporting reflection of the original bankruptcy filing. To gain clarity and address the situation appropriately, you should consult with a bankruptcy attorney who can review the specific details of your case and the court's response to your request to reopen the bankruptcy.

James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

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