Quote:
Originally Posted by irishgrl
. . . a year after his bankruptcy was discharged there were unexplained bits and pieces that the trustee didnt clean up. And the lending companies and credit companies are treating him as if he had discharged his debt completely, instead of paying 80%. He believes he was given bad legal advice and was not represented in Court (the attorney wouldnt tell him his court dates and then didnt show himself, and my friend got taken to the cleaners as a result.) I overstated the amount the Trustee got, it was 30k not 50k. still a huge sum of $$$
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Well, he did discharge more than 20% of the debt because he likely saved tens of thousands in interest as interest cannot be charged or accrue in a 13 plan save for some exceptions like student loans, income tax, etc. So, creditors will never look at him as if he did anything other than bankrutpcy under either chapter, though 13 generally is considered slightly better.
As a general rule and with few excpetions, any and all creditors listed as such when he filed will be included in the discharge order. If these creditors are not accordingly reporting the debt on his credit report, they are in violation of the court's order. Mailing a copy of the listing of the creditors as well as the dischrage order as proof of the dispute to the credit reporting company should remedy this. If the creditor refuses, then they could be consrued as being in violation of the court's order, which usually means sanctions. Having said that, any unrelated negative items on his credit report will be up to him to remedy, and that is not that easy of a process, though it has gotten better.
And, yes, given those facts, it sounds like your friend got bad legal advice becuase the amount he paid in five years likely could have paid his debt off in full and left him with some money.