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Post BK Reporting - Question!

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Hi y'all! Long time, no talk.... :)

One month ago I received a notification on my CR's that a new CA had popped up causing my score to plummet. Seeing as how I haven't had any type of negative account or debt owed since my BK filing in 2007, I knew that this had to be a pre-BK account. I called up the CA and requested an account statement in writing, since I had nothing, and asked for more information on the account.

The account is from 2005. This CA had never reported the account to the CRA's previously. I filed for BK in 2007 and they were included. Nearly two years later, the CA suddenly begins reporting the account and has now reported it as a CO consecutively for two months in a row. Obviously my score has taken a HUGE hit by this.

I was under the impression that a CA reporting an account after my BK discharge that had never before been on my CR was a violation of my BK in and of itself, once the CA has been furnished with a copy of my BK paperwork. Is this not correct?

I was also under the impression that any type of collection activity, which INCLUDES reporting on a CR, is a violation. Is this not correct also?

The CA is refusing to remove the account from my CR's and I'm awaiting a call from my attorney's office to see whether or not he's going to take care of this for me...If not, letters will be going out just as they did a few years ago. ;)

Hope all is well around here...

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Howdy,

Only have a sec, but I agree that reporting after a BK is a collection activity. I interpret the law to be that if they reported prior to filing, then they MUST report as IIB and $0 balance. Once filed, then they cannot report ever. As an act of collection, any reporting would be a violation of the automatic stay and then the permanent injunction. This interpretation seems to make the most logical sense- there is no purpose for reporting the pre-petition debt because their claim really lies with the court and not the debtor anymore. Depending on what circuit and what judge, the penalty could be a slap on the wrist to a whomp with a 2x4. The more you put them on notice with no removal, the more your case looks like a willful violation of the federal injunction.

I ran into something similar (among other things) with a CA that was reporting two items on the reports. After not getting anywhere after multiple certified letters, I sent a seven page letter to the CEO of the bank with a copy of my redacted credit report that showed a highlighted "First Date of Reporting" by the CA three years after the discharge. My letter then stated that the bank is responsible for the actions of their agent (the CA did not buy this debt- only collecting for them). I laid out the claims and told them they have 30 days to get the CA to remove their tradelines for good or I'll haul both the CA and the bank into BK court and let the judge figure out which party violated the injunction and what damages were worth.

I received a call from the CEO of the bank. She apologized and agreed that the CA violated the injunction (bank & I signed a settlement agreement). Within three weeks, the CA accounts were gone for good with a signed letter from the CEO of the CA.

Apparently the threat of being hauled into BK court is more than enough to make these violators run away. There is NO upside for them and plenty of cost and potential damages (catch a judge on a bad day with some evidence you put the CA on notice and the CA could get hammered). I'd send 'em a letter directly. If they don't comply, I urge you to seek an attorney to file a motion for sanctions.

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Thanks for the response, jq. That's precisely what I thought.

Ironically my BK attorney did not return my phone call this afternoon, which I was not too surprised by...Letters are being written and sent within the week and hopefully this will be resolved.

:)

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hello guys new to the forum. :-) wife attempted to file bk without my knowledge and then dismissed it my credit was perferct 700's now this bk is on our credit but it has been dismissed ...listed on cr diffrent with 0 assets 0 liabilities how can i fix this or can it even be fixed at all please please please help.

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hello guys new to the forum. :-) wife attempted to file bk without my knowledge and then dismissed it my credit was perferct 700's now this bk is on our credit but it has been dismissed ...listed on cr diffrent with 0 assets 0 liabilities how can i fix this or can it even be fixed at all please please please help.

You should have started your own thread for this; however, I'll attempt to respond.

Did your wife file without your signature on anything and without your permission? Does the paperwork have your name on it?

What state do you live in?

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i agree with jq26, anything that was included in your bankruptcy should say so on your credit report. most of the accounts i iib were reporting wrong, wrong amounts, account numbers etc. i disputed them all with pacer info and got everything corrected.

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You should have started your own thread for this; however, I'll attempt to respond.

Did your wife file without your signature on anything and without your permission? Does the paperwork have your name on it?

What state do you live in?

The paper work has my name on it. My question though in case it was not clear since the bk was dismissed, and not adjudicated or an order of relief was entered, shouldnt this entry be removed from my report? can anyone tell me what is pacer ? how does that information help you with a bk dispute

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since the bk was dismissed, and not adjudicated or an order of relief was entered, shouldnt this entry be removed from my report?

Nope, it doesn't matter that it was dismissed. The mere fact that a BK was filed at all is the piece that any creditor in the future will look at.

PACER is the Public Access to Court Electronic Records - http://pacer.psc.uscourts.gov/pacerdesc.html

BK cases are filed electronically, and all documents that are filed, all motions and filings, are noted and tracked in PACER. You can follow a case from beginning to end. If you have filed bankruptcy, you can literally watch the progress of your case - or anyone else's for that matter.

Unfortunately, it will not help you with a dispute. The filing itself is a matter of public record.

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hey guys thank you for the information. unfortunately i guess that i will have to deal with this bk on my credit report. I make really decent living however i am not a millionare, you still need credit to make large purchases..car ..sig loan ect...can anyone outher please help me on improving my credit score along with this bk reporting tha has caused my score to plummet 150 points. my score went from the 680's to 525....560...588....something really bad i can not buy anything without putting 20-35% down.....and i am in need of a car my 2002 car with 147000 miles has taken its last breathe:-(

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