Account sold after bankruptcy, collection item listed

[bige1030]

I just saw something in this thread saying not to contact the new owners of an account. That's a bit disconcerting since I just mailed my bankruptcy papers and a request to delete my account to the new owner. I was getting on a dispute roll after I got my discharge and free credit reports, since my credit report is kind of a mess right now.

I had a Sears MasterCard in my bankruptcy. I noticed that they had sold the debt to LVNV Funding in August 2006. (I filed for bankruptcy on June 30, 2006.) LVNV has a collection item on my credit report and is listing a past due balance as of December. So naturally, I wanted to make sure that they knew about the bankruptcy, so I wrote to them and sent them the relevant papers (notices of case, pages where original creditor was listed, discharge). I asked them to delete their entry from my credit report or, barring that, to update it to say it was discharged with a $0 balance.

Was this a bad thing to do? Or am I right in my premise - that it shouldn't have even been listed since they bought it after bankruptcy?

There are lots of entries that say "sold to another lender" but no other lenders listed except for LVNV.

[ChainSmokin]

[lilgoose]

Not here a whole right now, so I know I have missed this before...

Never heard of a debt being sold post bk. I suppose it could happen and could see why the original creditor would like to get some kind of compensation for a debt they are "stuck" with....better pennies than nothing.

BUT, isn't it illegal for a collector (creditor) to go after someone for a debt that was discharged in bk? So, if the debt was discharged and then sold, it still would not change the name of the original debt thereby protecting the debtor under the same law?

Like with a credit card account....file bk on it and then turn around a year or two later and get the same credit card again (dumb on their part to reissue to someone who filed against them, but I hear it has happened before), they cannot come after you for the old balance.

This is really pretty sneaky on the creditor's part. Would be curious to know how many times this has happened to people.

Does anyone know if there is some law or policy that would protect the consumer? I think this is a topic we should all be on our toes about! It sounds like another way to just bully those who are already down!

[bige1030]

Update: The LVNV Funding entry was removed from my Experian report. I never saw it on my TransUnion report. I'm still waiting for my CSC/Equifax report. Of course, this is the way it should go...since the original creditor should only report IIB.