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collections law state of TX, negative credit report entries, worst thing for your credit report collections or bankruptcy
Gainesville, TX
Viewed 142 times.
Posted about 1 year ago in Bankruptcy / Debt
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Which reporting to my credit is worse after bankruptcy has been filed, collections or bankruptcy?:
I had a bank who was reporting to Chexsystems that I had an outstanding balance that had not been included in my bankruptcy. When I offered to try and settle the account, and when the bank found out I had filed bankruptcy in the loss time frame, they said they could not legally settle the debt.
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Answers (1)Jay Stuart Fleischman
This attorney is licensed in New York.
Posted about 1 year ago.
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It is illegal for a creditor to continue to report a debt discharged in bankruptcy as due and owing. Continuing to report the debt as due and owing even after it has been discharged may be considered a violation of the discharge injunction in your bankruptcy case.
The Fair Credit Reporting Act gives you a mechanism for reinvestigating an inaccuracy on your credit report. In the event that the demand for renvestigation yields a creditor that has verified the debt as due and outstanding, you may also have a cause of action for violations of the Fair Credit Reporting Act, Bankruptcy Code, common law defamation and other state and federal laws. |