I have an account that was included in a Bankruptcy Chapter 7 over a year ago, and it is reporting as a open collection account with no balance. I have disputed this account through Trans Union two times and have called to demand that they report it as closed, but I keep getting foreigners that speak broken english and they don't understand what the hell I'm saying!!! Plus they haven't fixed the problem.
I thought when an account was discharged in a chapter 7 BK that the creditor has to close the account and not update it every month? I read that the account cannot show as active if discharged? Can some one please give me some advice on how to handle this because I think it's killing my credit score? Can I sue the creditor?
RJM Acquisitions is the collection company reporting this!
Chapter 11 Bankruptcy Attorney
This isn't what's killing your credit score; it's the bankruptcy and what happened before it. The highest I've seen within a year of discharge was a 701, and this one had reaffirmed debts and was nearly current at time of filing.
The phones are useless.
If Transunion didn't take it off at all, you probably didn't send it to the correct address.
If, on the other hand, it provably went to the correct address (proof could be having come off and gone back on), I would be very interested in talking--you would have FDCPA claims and/or discharge violations.
Neither of us would get wealthy, but it would be worth both our while.
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Chapter 7 Bankruptcy Attorney
The sarcastic remark about not speaking English is very funny considering that all of the web sites which allow you to file disputes clearly state in plain English that disputes must be put in WRITING. Hope this perspective helps!
I agree with my colleagues. Put your request in writing. If it isn't written, it didn't happen.
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Chapter 13 Bankruptcy Attorney
If you used an attorney to file your bankruptcy, the first stop is to give that attorney a call.
For me, the most important part of your troubles is exactly when the report occurred.
You need to determine if the negative credit entry is post-filing, and then again post-discharge.
If the account was updated after discharge, Many bankruptcy judges have recognized this type of credit abuse and will entertain the action as a violation of the discharge order as a disguised attempt to collect debt vis a vis the updated negative credit entry. Your bankruptcy attorney, or any AVVO bankruptcy attorney in your area will be able to advise you of your assigned bankruptcy Judges opinion regarding this type of action.
As also referenced below, this may be a FCRA violation and an attorney has offered to review your rights under that statute.
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