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Originally Posted by strandinthewind
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.
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just so you know, the items on the credit report werent unrelated, they were the exact items that were included, but for some unexplained reason each of them had up to $200 still showing and this was AFTER (a YEAR after mind you) the bankruptcy was discharged.
Any creditor who moans and groans about a lost 20% when they got paid 80% is an ASS.
Yes my friend got bad advice. He regrets this more than you know. He says that considering the way he's being treated in the credit world, he'd have been better off going the ch7 route (he says he qualified). They say no good deed goes unpunished, and I agree.