Creditors Not included on my schedules, still under BK 7?

[ThePeacock]

Can someone tell me if the below is indeed true???

Technically, if it was a no-asset BK 7, then all your debts at the time were discharged. However, if they weren't included on your schedules, the OC or CA may not have been notified. You can usually just send them a letter CMRRR saying you filed BK on such and such a date in the county of, in the state of, case number whatever...and they should report to the CRA's as IIB. Don't give them any more info than that...with the case number, they can look it up.

If there are substantial errors, you may need to amend your BK...but like I said, technically, everyone that you did not reaffirm on was included.

If this is true, does that mean that even though there weren't included on the papers of my BK that the debts were still discharged and they can't collect from me? If so, should I dispute the status w/ the CRA or the CA/OC?

Thanks!!!!!

[DocPC]

Correct.

[ThePeacock]

God Bless America......... I can't tell you how much easier this has made my life!!!!!

[ThePeacock]

Okay, this got me thinking. Now the OCs that were listed as a CO before

the BK, they don't have to change to IIB, correct?

But the ones that are still showing "In collection" or "120 Days past due" they have to change it right?

Now should I demand that because they are in violoation that they remove the TL, or just that they mark IIB?

[willingtocope]

Here's the letter I wrote to a CC that had us listed as CO after the BK. It worked for me...all references to the collector were removed and the account was marked IIB. (IIB ain't great, but its better than CO)

<date>

Credit Card Co. via Certified Mail: xxxx xxxx xxxx xxxx xxxx

Some street

Some city

Re: Account numbers;

me #xxxxxxxxxxxxxxxx

wife #xxxxxxxxxxxxxxxx

Our Street

Our City

To Whom It May Concern:

It has come to our attention that your organization is reporting these two credit card accounts to the various Credit Reporting Agencies as “ Transferred/Account Charged off” or “Profit and loss writeoff”, with varying dates of last activity, dates of charge off or transfer, as well as differing amounts.

According to our phone records, we were last contacted regarding these accounts by someone who would only give the name “Terry” on <some date>. This person identified themselves as representing your bank. After “Terry” used abusive and foul language, threatened legal action stating that we would “wind up in jail” for not paying these debts, and suggested that a Collection Agency would be coming to our facilities to “tag assets” (clear violations of the Fair Debt Collection Practices Act) we informed this individual that we would be filing personal bankruptcy within 6 weeks and gave him the name of the lawyer were we dealing with. We did indeed file the required paperwork on <our bk 7 date>.

Therefore, if you did transfer these accounts to someone else after this date, you did so with the full knowledge that we would be declaring bankruptcy and that these debts would be uncollectible. This could also be viewed as an attempt to circumvent the Bankruptcy Laws of the United States, and / or “punish” a consumer in violation of the Fair Credit Reporting Act.

Accordingly, we hereby request that you provide us with written documentation, within 15 working days of the receipt of this letter, stating the exact date on which these transfers were made and identifying the parties (complete with mailing address) to whom they where transferred. We will then contact them to inform them that the debt they were sold is uncollectible.

If by chance, the information you are reporting to the credit bureaus is inaccurate, or, you cannot provide the requested documentation then please transmit the appropriate information to the credit bureaus to have these debts either removed from our credit reports or listed as “Included in Bankruptcy”.

Respectfully,

Me…

[ThePeacock]

See none these except for one was transfered after the BK filing, and the

date is so close the filing that it could have been and "honest mistake".

The rest, if had been transfered to a CA, were done before the filing.

[willingtocope]

Yeah...dates MIGHT be important...but surely you remember the threatening phone call you got and you remember you telling them about the impending BK...

[ThePeacock]

Well see, I'm just realizing this now....and the BK was in June '03

[willingtocope]

Understood. I guess what I'm suggesting is start with a letter similiar to mine to the OCs...see what happens. If they continue to report CO, then send a DV letter to the CAs. If they do validate...competely, with no violations of the FDCPA...then hit em with the "...whoops...this was IIB...didn't the OC tell you?".

Point is...all these should be listed as IIB. Easy way is to get the OCs to do it. If they don't want to do it the easy way, then you get to mess with some CAs, and maybe collect some money for violations.

[ThePeacock]

Cool thanks!