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Everything posted by aggravated

  1. Thanks for the reply Direred. I was under the assumption that IIB would be better than charged-off, even if the balance does show $0. As far as selling to a JDB is concerned, HSBC sold it to Sherman several years before the BK-7 was filed. HSBC (as well as Sherman) was still notified (mailing matrix) and included on the schedule F. I might be looking at it wrong, but my assumption would be that they are still obligated by the FCRA to keep their listing accurate and up to date or quit reporting. I have had success getting some to update their TL's to IIB, even though they sold them to JDB's.
  2. I should probably rephrase the question. Is it better to leave the listing "as is" or get it changed to "IIB"? If leaving it "as is" is better, then why? Thanks!
  3. Lady, You don't think that this should be reported as IIB? If so, why? Thanks!
  4. I filed my BK (Pro Se) 8-29-05. It was discharged 12-8-05. HSBC/CompUSA has refused to list an account that was included in my Chapter 7 as IIB with Experian. It has been disputed as IIB and verified by Experian with no change. It only took them 2 days to verify the TL. So I contacted HSBC/CompUSA. They claim that since they sold the account to Sherman Acquisition prior to my bankruptcy that they aren't required to update the status and told me to address any future concerns to Sherman. HSBC/CompUSA was on the the creditor matrix and schedule F as well as Sherman. Sherman (LVNV) has alr
  5. What I have read about this case indicates that the defendants TL's were added Post BK. Could this be applied to a CA that reported before the BK and continues reporting post BK? For instance: 1. AAC reported 3 TL's prior to my BK-7. 2. AAC did report that I filed BK-7 and made the balance reflect $0. 3. I have disputed these 3 TL's since my discharge. 4. The CRA's verified. 5. I have not been contacted by mail or phone by AAC, so that isn't a problem. Is AAC now in violation of the BK code? Is continuing to report considered collection activity? If so, is the same true for an OC?
  6. Isn't continued reporting by a CA in violation of the Bankruptcy Code? It seems that it would be considered collection activity. § 524 (a) A discharge in a case under this title— (1) voids any judgment at any time obtained, to the extent that such judgment is a determination of the personal liability of the debtor with respect to any debt discharged under section 727, 944, 1141, 1228, or 1328 of this title, whether or not discharge of such debt is waived; (2) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, re
  7. I removed a vacated judgment from my credit report by just telling them that it had been vacated and dismissed with the effective date.
  8. What court is this in (Municipal, County, Fed)? Every FCRA/FDCPA Lawyer that I found listed in NACA.NET for Ohio were just BK Lawyers. They list themselves as FCRA/FDCPA but know nothing about the acts when asked about them. If you come across a good one in Ohio, post him/her. I have a case that I downloaded from PACER. It was a consumer who sued Midland/MBNA. I see that you are being sued, but there is some good reading in this case that should apply to you. PM me with an email if you would like a copy of it. It is zipped (5.5Mb). So make certain that you can receive that large of a f
  9. That is not true. My brother was the cosigner on my auto loan. His bankruptcy showed on my credit report. I got the creditor to remove the remarks by schmoozing, but it did show up. I have since filed my own BK. I am keeping the vehicle without reaffirming. Now it is showing up again. This is my opinion of what to do. Include the vehicle on your Schedule D, but don't include it on the mailing matrix. The creditor will never be notified. Just keep making the payments on time. If they get notification, they have to report it as "included in bankruptcy" if they normally report it to a CR
  10. Here is a link for the Fair Credit Billing Act (FCBA), Facts for Consumers page. I can't find the section of the act that lists these "Other billing rights". Maybe somebody here knows? This quoted section is only part of the above linked page. Seems MBNA would be in violation of the first rule quoted for certain by opening a new account. I was never notified that they opened a new account when they charged off the original.
  11. I see some possible violations by MBNA for opening a new account to replace a charged off account. I don't know what this section of code is called, but I found it while searching for information about the Fair Credit Billing Act. I suspect that it is part of TILA, but cant determine this for certain. Anyhow, here is the link for it and part of the text.
  12. What needs to be included in an affidavit? Doesn't an affidavit need to be notarized? I was under the impression that an affidavit was a sworn statement. Please, more info Methuss. Maybe a sample?
  13. Found a good case on PACER of a consumer suit against Midland Credit Management. Originally filed in a Magesterial District in Monroe County, Pa. It ended up in US Court for the Middle District of Pennsyvania. Midland ended up settling after stonewalling the plaintiff for several months in discovery. If Admin or Moderators are interested, I can zip up the PDF's and send them. This info might make a good sticky. Makes very good reading and information on what a CA lawyer is likely to come back with. MBNA was also named as a Defendant, but it looks like little was accomplished against the
  14. This is the answer that I made to complaint. Hopefully you will be able to use parts of it. You can see what the basic complaint was by the wording of my answer. The Plaintiff requested that the case be dismissed. Also would like to hear critique from the expert members. Probably not elegant enough for most legal minds, but the best I could do with the limited time and resources at hand. And it worked! Appropriate header info here..........(Plaintiff vs. Defendant, etc) DEFENDANT’S ANSWER TO PLAINTIFF’S CLAIM 1. The allegation that "The Plaintiff is the owner of the within credit card ac
  15. No doubt! Creditors and the trustee have 60 to 90 days to challenge. Don't gamble on whether they will or won't.
  16. Kind of the same thing happened with me. The trustee asked how much I got and if I had any of it left. He also asked if I paid over (I think it was $900) to anyone out of it. I answered "no" to both and he just moved on.
  17. No disrespect intended LNR......but that is not what he said or meant. I asked specifically. If it can be vacated/dismissed through other civil procedures, he is not aware. I have talked to several BK attorneys in my area as well. I suspect that they don't understand the law and that you are correct. Would like to see some case-law on it. I have some experience in vacating judgments. I was successful once and the other was not. Vacating judgments does not nullify the judgment either. It puts you at ground zero as if the complaint was just filed. You then must defend yourself. A dismi
  18. I think you should ask your BK Lawyer first, but usually BK Lawyers don't even know the BK Law. They only seem to know the local trustee/court procedures (what they will accept, what they will challenge). They also know how to file the paperwork. I asked the lawyer that reviewed my Pro Se case how to go about vacating the judgment. He told me that you can't wipe out the judgment but it becomes unenforcable. I pointed out this section of the BK code: § 524. Effect of discharge Release date: 2005-07-12 (a) A discharge in a case under this title— (1) voids any judgment at any time obtained,
  19. Yes, but the lawyer that I spoke with claims that you can't get a judgment vacated or wiped clean with a bankruptcy. He did say that it makes the judgment "unenforceable". I'm going to test that when I get discharged. Still searching for someone who has successfully vacated a judgment using BK7. Would be nice to get that judgment off of my credit report before 2010! I filed BK7 Pro Se. I had a BK Lawyer look over my paperwork (he did it for free!). He suggested that I not hire him, but file Pro Se. As far as the judgments go, he told me to write a letter to the clerk of courts where the
  20. What is it that you "Lack sufficient evidence to confirm or deny"? IMHO this is probably good, but you also (again IMHO) need to demand that they prove that what they wrote in the complaint is true. You also should make them prove with original documents, not hearsay. Don't make them prove that it is your account unless it truly is not. It is usually pretty easy to convince a judge that it is. Do make them prove that they own the account or have a right to collect. Make them show any contract/agreement in writing. The sites that list CC debt having a 4-year SOL in Ohio usually base it loo
  21. Got my answer from Ohio AG. It is a Consumer Protection brochure. No information about any specific law. Has to do with sales. Things like: Consumer Sales Practices Automobiles Get Rich Schemes Advertising Etc Nothing about credit or the law!
  22. I filed August 29th. This is no joke! I received a letter on August 30th that noted that because I filed BK, they were offering me credit to buy a car BEFORE receiving discharge. I couldn't believe it! I knew that the creditors would start offering, but figured they would wait until discharge!
  23. I have not seen an inquiry from alstate. However, I have been with them since the early nineties.