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  1. #1
    Join Date
    Dec 2012
    Posts
    17

    Default Bankruptcy Not Recorded

    My question involves bankruptcy in the state of: Florida.

    In October 2011 my wife and I filed for chapter 7. We had overages and had to make payments, which we finished in April 2012. The U.S. Bankruptcy Court sent us a letter stating that we were discharged from all debtors in April 2012.

    Last week I called the bank regarding turning in my keys, as giving up the house was part of the bankruptcy. They said the bankruptcy wasn't filed. and they will not proceed with foreclosure until it is.

    I called my bankruptcy lawyer and she said that the court just behind on paperwork. Is there a way I could check on this? We have long since moved and want to get on with our lives.

    Thank you

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Bankruptcy Not Recorded

    Exactly what do they mean by "the bankruptcy wasn't filed"? Obviously the bankruptcy was filed with the court.

  3. #3
    Join Date
    Feb 2013
    Location
    20980 Redwood Rd# 240 Castro Valley, CA 94546
    Posts
    1

    Default Re: Bankruptcy Not Recorded

    Under Chapter 7, while filing under Chapter 13 costs more. however, most debtors prefer filing under Chapter 7. However, this is possible only if the debtor meets the requirements laid down by the Bankruptcy Means Test.

  4. #4
    Join Date
    Sep 2010
    Posts
    478

    Default Re: Bankruptcy Not Recorded

    Quote Quoting Mr. Knowitall
    View Post
    Exactly what do they mean by "the bankruptcy wasn't filed"?
    I think OP means "closed", which would explain why OP's attny indicated that the court is behind on paperwork. In reality however, it appears this was an asset case and it could take up to two years before the case is closed due to a delay by the Trustee in distributing money to creditors and then doing a final accounting. Lender will not take any steps against the property until it is abandoned by the Trustee in one way or another.

    Des.

  5. #5
    Join Date
    Dec 2012
    Posts
    17

    Default Re: Bankruptcy Not Recorded

    Thank you.
    It is the Trustee that has not closed the case. I will now not be surprised if it takes up to two years without worry.

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