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  1. #1
    Join Date
    May 2006
    Posts
    2

    Question Continued Collection after Bankruptcy

    A creditor that was included in my BK pulled my credit 1 day after discharge. I wrote them about it being non=-permissible pull due to being discharged.
    They actually wrote back and said their research showed that the inquiries were made while they were attempting collection activities on my account. Then they go on to say that they have aske dthe credit bureau to delete the inquiries. I still have 2 softs on Experian and one each on Equifax and Transunion from this creditor.
    They clearly stated in the letter that their intent in pulling the inquiries was for collection purposes--even though I have clear documentation that they were well aware of BK prior to the inquiries.
    Can this constitute a case of continued collection after BK and non-permissible pull of credit even though I did not receive a dunning letter?
    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Continued Collection after BK

    The stay was lifted with entry of the final judgment. It does appear to be a violation of your privacy rights. If you can prove it intentional you may be able to seek statutory damages under state or federal law. If it is determined to be negligent you may be limited to your actual damages, whatever you can prove those to be. Consider consulting a local lawyer who handles actions against collection agencies.

  3. #3
    Join Date
    May 2006
    Posts
    2

    Default Re: Continued Collection after BK

    Yes, I have emailed an attorney who is handling another case for me. But Attorneys who specialize in this area are far and few between in my State. This company is notorious for incorrect reporting and other infractions so I feel I need to do something just because they never seem to correct anything.
    I think I will file another complaint with the Va BFI & OTS also.
    Thanks for the reply

  4. #4
    Join Date
    Jun 2005
    Location
    TN
    Posts
    11

    Default Re: Continued Collection after BK

    Collection action post-discharge is a violation of the permanent injunction of your discharge and you could have the slapped with contempt charges in bankruptcy court - which really is the proper venue for this type of violation. However, you would have to have enough to prove intent to collect on a discharged debt, otherwise they will try to worm out of it by calling it a 'bona fide error'.

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