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Completely missed a creditor - No Asset CH7 discharged 3/08

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    Completely missed a creditor - No Asset CH7 discharged 3/08

    So I got a letter in the mail for a bottom feeder collection agency claiming I owed them a large sum of money for an account that was opened about 16 years ago and date of last activity was probably 13-14 years ago. It was so old it aged off my credit report in like 2004. I called the original creditor who located the account, but said they had no information about DOLA and that it was transferred to an internal collection. Internal collection told me that it was transferred to Cap 1 in 2000 before my call was disconnected. So I verified it was old, old, old....way out of statute of limitations for collection.
    Googled the bottom feeders and found out that they are all over the net as scam artists trying to rip people off for debts way past SOL. Anyway, called bottom feeders, told them that this debt was included in BK and I'd fax them the discharge. The guy said he wanted my schedule of creditors. I told him to contact the BK court.
    So, the problem? I didn't list original creditor b/c I'd forgotten about the debt and it wasn't on my credit report. Cap 1 is listed, but for a different account.
    So, I'll send the discharge and see what happens. To re-open the case is $260 + $26 to amend, which is $300 I don't have since I'm unemployed. And from what I hear, re-opening would probably be denied since it was no asset.
    Part of me wants to validate the debt since I no longer have older credit reports that show all the info about the original debt, just to cover my butt. Because I wouldn't put it past them to modify the dates to put DOLA after BK. I honestly don't know the original amount, or DOLA exactly, other than it was long, long ago when I last made a payment to original creditor.
    Any advice would be appreciated. Ugh...I thought all this was over.....
    LifeNLemons In Nevada and Broke
    Filed Pro Se: 12.03.07 341 Meeting: 01.10.08 Last Day for Objections: 3.11.08
    Switched back to No Asset - Here we go!! Discharged: 3.12.08

    #2
    First off, if the debt collector is past SOL why even mess with them? There is nothing they can do.

    Secondly, you should not have to reopen your BK case because again, there is nothing they can do being past SOL.
    8-07-09-filed Chapter 7
    11-18-09-DISCHARGED!!

    Life is not what challenges you face, but how you face those challenges.

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      #3
      Send them a Cease and Desist letter and thats all you will probably hear from them again.

      Comment


        #4
        I thought with no asset cases you were pretty much covered even for debts you didn't list as long as you were making a good enough effort to tell all you knew when you filed.

        Comment


          #5
          Don't bother with validating the debt. Send them a letter by certified mail that says:

          (1) That you disputer validity of the debt.
          (2) That this debt is beyond the SOL and thus no legal actions can ensue.
          (3) That this debt is beyond 7 years of age and cannot be put on your credit report.
          (4) That they may no longer contact you about this debt in accord with the FDCPA.

          Comment

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