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
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?
Yelena Gurevich and Timothy Denison agree with this answer
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
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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.