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CA reporting after Discharge


Rick9972
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BK 7 has been discharged as of 9/4/09. Filed on 5/27/09.

CA has reported a bill that was discharged in the BK. CA claims that since they received it in 5/09, and even thou they never contacted me nor reported it to the CRA's, they can now report it as a "collection discharged in BK".

Is this correct?

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Nope. Not correct. I don't have a moment to look up the exact letter from the FTC, but there is one out there about this. Do a google search for "FCRA opinion letter" and look through the ones posted on the FTC site.

One of them addresses this issue and plainly says a creditor or successor in interest cannot report tradelines after the discharge. The discharge eliminates all personal liability for the debt. As such placing a new tradeline after the discharge is in effect holding you responsible for the collection account.

The tradeline must be removed or they are violating both the FCRA and the FDCPA.

Now you must ask yourself if this is really worth it to pursue. Your credit is shot already from the bankruptcy discharge and will be for at least a year. This collection item, as long as it is "included in bankruptcy" will have little, if any, effect on your credit score after about a year to a year and a half. As long as it is reporting $0 and discharged with no post filing delinquencies notated, it really shouldn't matter overmuch.

Edited by Methuss
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Now you must ask yourself if this is really worth it to pursue. Your credit is shot already from the bankruptcy discharge and will be for at least a year. This collection item, as long as it is "included in bankruptcy" will have little, if any, effect on your credit score after about a year to a year and a half. As long as it is reporting $0 and discharged with no post filing delinquencies notated, it really shouldn't matter overmuch.

Thanks for the response.

Yes it is probably worth it, already collected one big check from this CA. Might just go for a second. I have done and won 3 FDCPA claims in Fed court Pro se. Just might do another.

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Thanks for the response.

Yes it is probably worth it, already collected one big check from this CA. Might just go for a second. I have done and won 3 FDCPA claims in Fed court Pro se. Just might do another.

JMO, but I think you should go after them for sanctions too which pays more than FDCPA claims. These creditors and CA's do this stuff because we don't slap their hands hard enough on a regular basis. Glad you have experience in this area. Good luck and hope you get them for good $$$. :mrgreen:

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already collected one big check from this CA.

Oh that totally changes things. If they have already lost once and they are continuing, then it is clearly harassment inteded to be vindictive. They can't collect so they poison your credit report in an effort to bring you back to the table.

I agree with Denita. In this case, bring them before a Federal bankruptcy judge on a motion to show cause for violations of the permanent injunction. Unlike taking it to court just for FDCPA and FCRA violations which have only statutory and actual damages, a bankruptcy judge can award punitives if the FDCPA/FCRA violations are constructive violations of the bankruptcy injunction.

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