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Q about a Ch 13 (not discharged yet) and CA's


OMGWhatHaveIdone
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Okay, simple question here...

If you file a CH 13 and are still in the repayment plan, meaning the CH 13 hasn't been discharged yet, can you still send letters to CA's requesting DV or do you surrender all rights to that when the BK is filed and the repayment plan started?

Keep in mind that I'm paying on the arrears on my secured debt first. After that, I will convert my 13 into a 7 to erase all unsecured debt. I think I may have made a few mistakes during the time I was still in the process of filing because my attorney would send letters showing "Proof of Claim" from certain creditors and had I known then, what I know now, about disputing the validity of a debt and asking for that validation, I would have contacted my attorney to have him dispute it for me. He never told me that I had a right to do that nor did he fully explain that whole asking for validation of a debt to a CA thing.

Is it too late for me to clean this up or am I screwed?

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All collections are stopped when you file for bankruptcy, so there can be no action from any CA, no matter what. They would likely decline to do anything anyway because you ARE in a Ch 13. The debt will be discharged, presumably, once you convert to a Ch 7, so it's rather a moot point whether or not it's a valid debt.

There's nothing that says you can't dispute with the CRAs if a tradeline is inaccurate.

As for your lawyer not telling you anything about validation - news for you - not all BK attorneys are savvy about credit reports and validation - unless they do FDCPA/FCRA work alongside their bankruptcy practice.

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All collections are stopped when you file for bankruptcy, so there can be no action from any CA, no matter what. They would likely decline to do anything anyway because you ARE in a Ch 13. The debt will be discharged, presumably, once you convert to a Ch 7, so it's rather a moot point whether or not it's a valid debt.

There's nothing that says you can't dispute with the CRAs if a tradeline is inaccurate.

As for your lawyer not telling you anything about validation - news for you - not all BK attorneys are savvy about credit reports and validation - unless they do FDCPA/FCRA work alongside their bankruptcy practice.

Thanks LadynRed. I'm really going to have to go over my credit report with a fine tooth comb. Also, I'm going to need my bk atty to provide me with copies of the credit reports that he pulled in Feb, when I filed the ch 13. I can at least compare those with what I have now and look at the paperwork that was filed to see exactly which creditors where listed on the bk. Any discrepancies, will immediately be disputed. Also, there are a few from more than 7 years ago, that were off the CR, but have since reappeared since my bk was filed. I plan on bringing that up to my attorney's attention as well.

We have to re-file the whole plan due to the lowered USDA amount that should have been taken into consideration when they intercepted my tax refund. Lots to do here and not only is the bk a true mess, but my credit is too.

Once I can get a clear picture and can see everything for what it truly is, I'll breathe easier because I'll have a plan of action and I'll know where to start.

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