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BK Stay Violation?


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I filed Chapter 7 BK in 12/2004. I found out in January of this year that a creditor (who've I've listed) sued me in 10/2004 and won an affadavit judgment (was never served). I filed a motion to vacate and this was granted about two weeks ago. I subscribe to EQ's Credit Watch service and found out that they reported this judgment to EQ.

This judgment did not show up on my report until a few days ago, however it lists the reporting date as 1/2005. Is it a violation of the stay for them to report this judgment? How can I get this removed? Should I just send the motion vacating this judgment to EQ and be done with it or has the creditor violated the law?

All advice welcome.

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I filed Chapter 7 BK in 12/2004. I found out in January of this year that a creditor (who've I've listed) sued me in 10/2004 and won an affadavit judgment (was never served). I filed a motion to vacate and this was granted about two weeks ago. I subscribe to EQ's Credit Watch service and found out that they reported this judgment to EQ.

This judgment did not show up on my report until a few days ago, however it lists the reporting date as 1/2005. Is it a violation of the stay for them to report this judgment? How can I get this removed? Should I just send the motion vacating this judgment to EQ and be done with it or has the creditor violated the law?

All advice welcome.

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The Bankruptcy Basics Handbook (available from the BK courts / online) covers what creditors cannot do when you file BK. You should have been informed of that even before you filed, or at the very least, reserched it yourself. BK is serious biz.

"They" probably didn't report it. LexisNexis (or a company like them) more than likely reported it.

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