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BK comes back to bite me in the butt


nurbloc
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My ch7 was discharged in 11/04. At the time the mortgagor did not ask for a reaffirmation agreement. There was no disclosure on my statement mentioning the BK. They continued to report on the loan to the CRA's good and bad. The loan was acquired recently by another lender. The lender has put a rather embarassing disclosure on the statement pertaining to my BK case. They are refusing to take the disclosure off. They are refusing to report my loan to the CRA. FYI- My BK was a medical BK I had no problems paying my regular bills, accounts and mortgage. All was current at the time of the filing and discharge. The mortgage is now 10 years old... is there anything I can do?

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There really isn't any such thing as a 'medical bankruptcy'. Bankruptcy is bankruptcy, regardless of the reasons.

If you didn't sign and file a reaffirmation agreement for the mortgage then the debt was discharged. You got lucky in that the original lender continued to report your on-going payments. I can only guess that the 'embarrasing statement' placed by the new owner of the loan has something to do with the fact that it WAS discharged - whcih is accurate. However, they cannot NOW come back and report anything negative on a discharged debt, that is a violation of your discharge injunction.

What exactly are they reporting ? What dates, etc. Need a few more specifics.

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