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New Collections after BK 7


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Agreed. But, if they were on the report prior to the BK, can't they continue on as IIB after discharge? And, if instead of actually being a CA, they're really a JDB, couldn't the continue?

No and no.

The original creditor is obligated to recall the collection as soon as they are informed of the bankruptcy petition filing. Failing to do so makes the OC vicariously liable for the actions of the collector.

Junk debt buyers are even moreso in hot water. The bankruptcy discharge eliminates the personal liability of the debtor permanently. They are not supposed to even contact you about discharged debt as it is a violation of the permanent injunction. Although we all have heard there is a cottage industry popping up revolving around the selling of and collection of discharged debts, the courts are slowly starting to drop the hammer on such outfits.

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I had multiple collections and JDB's on my reports when I filed BK. Within 3 months, ALL of them had disappeared from my reports and they have remained gone. I any dares stick themselves on my reports now, they WILL be messing with the wrong woman.. LOL.

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Hmmm. Five certified letters to a CA that continues to report a collection has not stopped them from refreshing their CA tradeline (2 of them- one is bogus) on my data every month on my reports.

They sent me a letter back saying since these accoutns were in collection before BK filing, then they can report them as long as they are "IIB" (which one was never IIB).

I even sent a certified letter to the CEO of the CA's personal residence explaining that I will name him personally in my suit against the collection agency. He responded by pulling my Experian credit report 15 months after discharge.

Suggestions?

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This was in 2005, so I think my right to sue has lapsed. He had 0 permissible purpose. I sent him a letter asking why they pulled credit and he wrote a letter back essentially saying that I was harassing them and they needed to verify that they were reporting correctly. Fishy. Sorry to threadjack, but the CA reports live on even four years after filing.

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I would think that either the bankruptcy court that granted the discharge and/or the attorney that represnted the debtor has an obligation to step in and get this resolved.

If a creditor/CA, etc is violating bankruptcy law...I wouldn't think this is something the debtor should have to (or evern be empowered to) do on his/her own.

Or am I just being nieve here???

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The civil court judge certainly has the power to vacate the judgment since it was clearly should have never gone through in the first place. This judge doesn't seem to know that.. or something. Absent the civil court's ability or will to vacate the wrongful judgment, then yes, the debtor has to go thru the BK court to get it resolved.

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No and no.

The original creditor is obligated to recall the collection as soon as they are informed of the bankruptcy petition filing. Failing to do so makes the OC vicariously liable for the actions of the collector.

Junk debt buyers are even moreso in hot water. The bankruptcy discharge eliminates the personal liability of the debtor permanently. They are not supposed to even contact you about discharged debt as it is a violation of the permanent injunction. Although we all have heard there is a cottage industry popping up revolving around the selling of and collection of discharged debts, the courts are slowly starting to drop the hammer on such outfits.

Ok, I have a question about your response above. On my TrueCredit 3-1 report, in the section listed as Collections, these accounts (sorry about the length)...

Collection Accounts: Accounts seriously past due

FFCC-COLMBUS

TransUnion Experian Equifax

Creditor Name: FFCC-COLMBUS FFCC-COLUMBUS INC

Account No.: 4882*** 4882*** 4882***

Original Creditor: WARNER COMMUNICATIONS WARNER COMMUNICATIONS WARNER COMMUNIC

Responsibility: Individual Individual Individual

Condition: Derogatory Derogatory Derogatory

Original Balance: $270 $270

Balance: $0

Date Opened: 06/30/2004 06/2004 06/2004

Date Reported: 09/01/2007 11/29/2005 09/2007

Remarks:

[TransUnion] Chapter 7; dispute of account information

[Experian] Customer disputed account - reported by subscriber.

Debt included in or discharged through Bankruptcy Chapter 7,11, or 12.

[Equifax] Collection account

Bankruptcy Chapter 7

The legal process under the Federal Bankruptcy Act by which debtors are granted some form of relief from their financial obligations.

FFCC-COLMBUS

Creditor Name: FFCC-COLMBUS FFCC-COLUMBUS INC

Account No.: 4883*** 4883*** 4883***

Original Creditor: WARNER COMMUNICATIONS WARNER COMMUNICATIONS WARNER COMMUNIC

Responsibility: Individual Individual Individual

Condition: Derogatory Derogatory Derogatory

Original Balance: $1014 $1014

Balance: $0

Date Opened: 06/30/2004 06/2004 06/2004

Date Reported: 09/01/2007 11/29/2005 09/2007

Remarks:

[TransUnion] Chapter 7; dispute of account information

[Experian] Customer disputed account - reported by subscriber.

Debt included in or discharged through Bankruptcy Chapter 7, 11, or 12.

[Equifax] Collection account

Bankruptcy Chapter 7

The legal process under the Federal Bankruptcy Act by which debtors are granted some form of relief from their financial obligations.

Creditor Name: FFCC-COLMBUS FFCC-COLUMBUS INC

Account No.: 4596*** 4596*** 4596***

Original Creditor: MED1 LOWE D D S LOWE D.D.S.

Responsibility: Individual Individual Individual

Condition: Derogatory Derogatory Derogatory

Original Balance: $307 $307

Balance: $0

Date Opened: 03/26/2004 03/2004 03/2004

Date Reported: 08/01/2005 08/30/2007 09/2007

Remarks:

[TransUnion] Chapter 7; dispute of account information

[Experian] Customer disputed account - reported by subscriber.

Debt included in or discharged through Bankruptcy Chapter 7,11, or 12.

[Equifax] Consumer disputes this account information

Medical

The legal process under the Federal Bankruptcy Act by which debtors are granted some form of relief from their financial obligations.

Creditor Name:

Account No.: 1226***

Original Creditor: COLUMBUS CITY S

Responsibility: Individual

Condition: Derogatory

Original Balance:

Balance:

Date Opened: 01/2004

Date Reported: 09/2007

Remarks:

[TransUnion]

[Experian]

[Equifax] Bankruptcy Chapter 7

The legal process under the Federal Bankruptcy Act by which debtors are granted some form of relief from their financial obligations.

Creditor Name:

Account No.: 1174**

Original Creditor:

Responsibility: Individual

Condition: Derogatory

Original Balance:

Balance:

Date Opened: 07/2003

Date Reported: 09/2007

Remarks:

[TransUnion]

[Experian]

[Equifax] Account closed by consumer

Medical

The legal process under the Federal Bankruptcy Act by which debtors are granted some form of relief from their financial obligations.

Creditor Name:

Account No.: 1226***

Original Creditor: DONATOS PIZZA I

Responsibility: Individual

Condition: Derogatory

Original Balance:

Balance:

Date Opened: 09/2001

Date Reported: 09/2007

Remarks:

[TransUnion]

[Experian]

[Equifax] Bankruptcy Chapter 7

The legal process under the Federal Bankruptcy Act by which debtors are granted some form of relief from their financial obligations.

So, if I'm understanding what you are saying, this section of my credit report shouldn't exist? These accounts should have been pulled back by the OC when they were notified of my BK 7 filing? If I've misunderstood what you've said, please let me know. And, I appreciate your help...!!!!

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You send notice to the original creditor informing them of their obligation to recall the collection (this does NOT APPLY to debts that have been sold) and ask them to verify that they have done so. This sets them up. The FCRA requires the original creditor to respond directly to consumer disputes ever since the FACT Act was passed. You would start the letter off like this to make sure they know:

"This is a written complaint of inaccuracies in my credit report under the Fair Credit Reporting Act as amended by the FACT Act. Be advised that you must respond to this dispute within 30 days pursuant to 15 U.S.C. § 1681s-2."

If they respond in writing that they have already recalled the collection, then you can send a letter to the collector (with a copy of the OC response) telling them that once the collection has been recalled they have no legal right to report to the bureuas and must remove it immediately...or sue them for FCRA violations since their legal ability to post to your bureau report is recalled when the collection is recalled*.

*A recall by definition means the OC has taken back permission for the CA to pursue the debt.

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Wonderful!! The CA that has been a major pain in the keister is actually part of the organization as that of the OC. This is going to be even better since the CA is continuing to report on the debt although it was discharged. So every month they continue to report the debt with a 0 balance and IIB. Thanks for the firepower Methuss

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I have sent letters to the original creditors informing them that the accounts are included and discharged in my BK 7 and cannot be collect upon... Should I also send a letter to the CA also demanding removal of the negative info?? Stating that the account has been discharged in BK and that they are violating BK 7 laws and FCRA.... Would this expedite the situation? Thanks again for the great answers and conversation everyone....

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I have sent letters to the original creditors informing them that the accounts are included and discharged in my BK 7 and cannot be collect upon... Should I also send a letter to the CA also demanding removal of the negative info?? Stating that the account has been discharged in BK and that they are violating BK 7 laws and FCRA.... Would this expedite the situation? Thanks again for the great answers and conversation everyone....

I would like to know the answer to this too.

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