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Post discharge: dealing with 'New' collectors

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    Post discharge: dealing with 'New' collectors

    My 7 was discharge early Jan 2009. And it's been wonderful! That is until last week when I got an alert from my credit monitoring service that I'd had 4 negative additions to my credit bureau files. Turns out it was all from a CA for medical bills for my non-custodial kids. These bills, though with a different CA, were included in my filing--all show exact same amounts, and same original creditor. In my BK filing they were listed under the initial CA, with the original creditor off to the side, like this: Fred's Collections/Joe's Hospital; then with the address of the CA.
    So, I call this 'new' collection joint and tell them that these debts were discharged, and that I wanted all that crap off my credit reports. Doesn't at all look good to have a BK discharge and THEN 4 'new' collection accounts. So they check in to the situation for a few days; call me back today and simply inform me that their client (the original creditor) never got any notice of a BK filing or discharge, and as far as they're concerned the accounts are open for collection. Even asked me if I'd like to set up a payment plan! Well, hell no I'm afraid I wouldn't right now.
    So, anyone have any idea on how this should play out? I quite liked my attorney, but was he a dork for not listing the original creditor on these accounts? I'm forseeing a battle getting these off my credit report--any suggestions?

    #2
    Dispute it directly with the credit bureau's, send them a copy of the discharge papers and they'll remove the derogatories. You may also want to send them to the OC.
    BKForum Blog: The Journey

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      #3
      If you dispute this and do not send in a copy of your creditor matrix and discharge papers, you will be recontacted back to send in that paperwork. Dispute the items with that CRA; dispute via mail (certified) not online. Send a cover letter indicating the problem(s) and indicate you are enclosing the above BK papers. Be brief, not long, in describing and non-emotional. Copy the original creditors also on the letter. That should do it - if not, you will have to work directly through the original creditor.

      This is typical after discharge stuff with CRAs. Sometimes it takes a while to clean up. We are two and 1/2 years past a Chapter 13 discharge and still have clean-up issues so it is not an easy process for some folks.
      Last edited by Flamingo; 02-25-2009, 03:37 AM. Reason: added wording
      _________________________________________
      Filed 5 Year Chapter 13: April 2002
      Early Buy-Out: April 2006
      Discharge: August 2006

      "A credit card is a snake in your pocket"

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        #4
        This is a violation of the permanent stay given to you by a Ch 7 Discharge.

        The CA's right now are violating the permanent stay. I would send a letter to the CRA's to remove from the credit report.

        I would also send a CMRRR letter to the CA that this is a violation of the permanent stay. You can have sanctions brought against the creditor CA too. If you do not come back strongly they will take advantage of you.

        What can the debtor do if a creditor attempts to collect a discharged debt after the case is concluded?

        If a creditor attempts collection efforts on a discharged debt, the debtor can file a motion with the court, reporting the action and asking that the case be reopened to address the matter. The bankruptcy court will often do so to ensure that the discharge is not violated. The discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action, including the filing of a lawsuit, designed to collect a discharged debt. A creditor can be sanctioned by the court for violating the discharge injunction. The normal sanction for violating the discharge injunction is civil contempt, which is often punishable by a fine.
        Filed CH 7 9/30/2008
        Discharged Jan 5, 2009! Closed Jan 18, 2009

        I am not an attorney. None of my advice is legal advice in any way..

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