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After Discharge Can Creditor Do Anything?

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    After Discharge Can Creditor Do Anything?

    Ok, I am pretty sure I understand this correctly, but want to make absolutely sure. I filed in Nov, 341 in Jan ( no asset, Trustee declaration of NA and prayer for relief from Duty-all good) I am in the 60 day club.

    So here is my question. After the 60 days has expired and my BK is discharged and closed, can a creditor do anything adversarial in my BK case after the closing? Can they motion to reopen my case after closing to start an AP? Once the 60 days expires for creditor objections, they are sol, correct?

    The reason I am asking is I want to clean up my credit.( And, no I do not want new credit, I have been living on a cash basis for 3 years now, I simply want to be able to purchase a home in about 3 years and stop paying a LL's mortgage for them as my rent payment here in CA is more than most mortgages on many of the homes for sale in this declining market), I am not interested at all in obtaining CCs I have three nasty collections from a local collection agancy who are continuing to report the TL as a new entry every month even after they have received the notice of BK. They even included a new one (TL)that I scheduled as a debt ( they added it to CR) post BK notice. They are notoriously nasty and don't follow the law. I have printed the copies of new "Alerts" that my credit monitoring service provides which shows the actual date the TL were added or updated on my CR w/o a BK notation and showing a balance due, etc

    My plan is to wait until discharged and closed and dispute the entries and if the dispute fails, send a letter saying I may sue if they continue to report these TL inaccurately unless they delete the entries. I want to make sure they have absloutely no recourse. I know this is a violation of the stay to continue reporting these TL w/o a BK notation , especially reporting a new one that I scheduled. It has been almost two months since they have received the BK filing notice and most of my other TL are showing IIB. This CA has had the same address for over 20 years so I know they received the BK notice from the court.

    Will I be absloutely safe once the 60 days has expired to dispute these TL without any possible recourse from the creditor?

    Also, lets say they don't update and report the TL correctly, and not that I WANT to do this, (one of the collections is very large and would hinder me from getting a loan if not shown as discharged in BK), am I correct in assuming that I could petition to reopen my BK to start an Adversarial proceeding against the CA for violating the stay? ( I am hoping that if they don't report correctly, I could possibly use the violation as leverage to get the TL removed alltogether) I just want this gone and reported as discharged so it won't possibly hang up a loan ( where the underwriters require large CA debts to be paid before funding a mortgage).

    As I mentioned before, I am not gung-ho on obtaining new credit. I am just drawing out a 3 year plan on how to get my life back in order, the best possible way to do it, finding a way to pinch here and there and put some (tiny) amount of cash away every month to save for a down payment and want to prepare for the journey the best I can. I figure the sooner I get going and try and get everything in order, the better prepared I will be when an opportunity may arise to buy a home. ( And not get kicked out cause my nim-rod LL hasn't paid his mortgage!)

    Any info is appreciated!

    Thanks!

    #2
    A Chapter 7 can technically be re-opened for fraud. Usually not by the creditors, and is generally only done by the U.S. Trustee or the Debtor. It happens mostly to asset cases and not no-asset cases.

    So, very generally, yes. But, it's up to a judge to determine if there's reasonable cause to re-open the case. You won't see an AP started after the case is closed. There is a "bar date" for a creditor to make a claim of a non-dischargeable debt and that is within 60 days of the 341.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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