POST BANKRUPTCY CREDIT REPORT PROBLEMS
DEBTS DISCHARGED IN BANKRUPTCY APPEARING ON THE CREDIT REPORT
The U.S. Bankruptcy Code exists to grant the consumer a fresh start. Most debts are wiped away in a consumer bankruptcy in order to provide that fresh start.
Some Creditors, collection agencies and debt purchasing companies will attempt to revive the debt that has been discharged by calling and asking for payment or by REPORTING AN OUTSTANDING BALANCE to the credit bureau.
The law is straightforward. If the debt has been discharged, you don't owe it anymore. If they have done either of the above, they have illegally attempted to collect a debt and the consumer has some remedies.
In my office I ask my clients to take a few steps:
1. Obtain the Credit Report
2. Review it closely
3. If you see that a discharged debt still appears as open or owing, follow the instructions for disputing a debt here.
4. Receive and review your credit report after the dispute process is over.
5. Contact me if the account still shows as open or owing.
RE-OPEN THE BANKRUPTCY CASE
If the creditor has violated the discharge injunction, I may be able to reopen the bankruptcy case to seek damages and sanctions. Reopening the case does not require a new filing fee be paid and it must only be established that the creditor intended to take some action while disregarding your rights under the discharge order.
REMEMBER - IF THE DEBT WAS DISCHARGED IN BANKRUPTCY
1. No one should be contacting you to collect the debt
2. That debt should not be appearing as an outstanding debt on your credit report
Contact me, I can help.