I am contesting an entry in my credit report - one card company still has me down as past due, and not discharged in bankruptcy. I know I have to send a ltter and provide some kind of proff - but my discharge letter only says the bankruptcy was discharged, it does not say what was discharged. How do I prove that?
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Hi,
I was wondering the same thing b/c I have the same issues. My discharge paper also only shows that it was discharged and the date.
However, I do still have all my paperwork and a copy of the filing that my lawyer drew up. It has all my creditors and how much I owed to each one. I wonder if that would suffice as proof.....
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RE: Proving item discharged
I believe to prove an item was discharged you can submit a copy of your 'schedule of creditors' plus the 'discharge notice'.
If your bankruptcy is still in progress and you need to prove the item is in the process of being discharged, the 'schedule of creditors' and the 'meeting with creditors' paper is sufficent. Even if the amount listed in the 'schedule of creditors' is wrong, the entire debt is still dischargable.
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One school of thought is to try disputing as many different ways as you can without sending in your bk papers. There may come a day, usually after 2 or more years, that you want to dispute the bankruptcy itself, and you won't have much of a chance when they have your papers in their hands.
Look for any errors in names, dates, addresses, etc. first, and keep going with that. "Not mine" usually doesn't seem to work well, either. Too easy for them to verify this, and doesn't involve much work for the CRA to confirm. Could also set up a fraud alert on your accounts, and make it tougher to do what you want to do.
Again, just one another way of approaching the situation. Sometimes, any kind of dispute might make it come back as IIB. Other times, it might just disappear.
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Its not your place to produce proof that your case is discharged, as your creditors have been notified of the bankrupty.....
It is the creditors obligation to report to the credit bureau that your account was discharged in bankruptcy with a -0- balance. If they do not, they are reporting incorrectly.....
Send them a certified letter stating that they have 30 days to CORRECTLY report your account to the credit bureau....
Do not send the creditors a list of your creditors sheet... nor do they really need a copy of your discharge....
If your dispute is not corrected, the notify the credit bureau that the cc company is not reporting correctly and you want it corrected..... They may ask you to send a copy of the discharge papers.....
Then if the cc company does ot correct the account, then you can ask the credit bureau to remove this account information from your credit report as is it not correct.Minny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.
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