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Is this right?


punkenhead
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My wife and I filed Ch 7 BK in October 2005 (pre new laws), and it was discharged in March. On my credit report, there was a collection account from an anesthesia group with a balance of $200. After notification of the filing, the collection account was removed from my credit report (it only appeared on Equifax). Now, the acct has been relisted on my Equifax report, showing as follows: Date Assigned-May 2003 Date Reported-December 2006 Amount-$200 Balance-$200 Balance Date-December 2006 Date of Last Activity-December 2002 Collection Status-In Bankruptcy Status Date-December 2006.

Both the original creditor and the collection agency were included in my creditor matrix. I know that, at the very least, the listing should show a balance owed of $0.

My question is this. Since the item was removed previously and now shows on my report with a balance owed and a balance date of December 2006, is this a violation of the terms of my BK? Is relisting considered new activity on a discharged debt? I hope my questions make sense, and I appreciate any answers provided.

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I find this troubling: "Date Reported-December 2006". In other words, they are violating the cessation of collection activity on your filing date by 14 months. I'd fight them on it- and threaten to notify the court if you don't get it removed.

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It is definitely NOT right ! The re-appearance isn't a surprise, the original was probably sold and this new entry is from the new 'owner'. However, just putting it on your reports is a violation of your discharge - it's considered collection activity to report it and that is strictly prohibited by the BK law. The reporting of balances owed is wrong, you owe nothing. The obvious inaccurate dates looks like re-aging.

I'd send them a cease and desist letter and tell them that if they do not immediately remove the illegal listing, you will file contempt charges against them in bankruptcy court. Give them a deadline - and don't make it too long !

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