Yes, that is unfair in your case, but this is the reasoning behind it. So whats the logic in this case where there was really never any BK ? ? ?
There inlies the problem. ONCE a debtor files, the CH13 EXISTS regardless. As they like to say about inquiries "it's a matter of fact". So, the debtor changed his/her mind...... it's doesn't change the fact that it was filed in the first place. The only way for it to "never truly exist" is to not have filed in the first place. One could always petition the BK court to have the record expunged. I don't know if they would do that, but it would never hurt to ask. Once expunged, it no longer exists.
There inlies the problem. ONCE a debtor files, the CH13 EXISTS regardless. As they like to say about inquiries "it's a matter of fact". So, the debtor changed his/her mind...... it's doesn't change the fact that it was filed in the first place. SCMomof5 Yes but there is a huge difference in filing and actually going through with it just as there is between applying for a loan and actually taking the loan. LB 59
Very interesting thread and enlightening to me. I had always assumed the Ch 13 business was in the FCRA. Thanks Butch (and your foxy wife) for this information.
