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  1. #1
    Join Date
    Apr 2013
    Posts
    1

    Default Posting Key Derogatory Items on Credit Bureaus After Debt Was Discharged

    My question involves collection proceedings in the State of: Florida

    I filed for bankruptcy Ch. 7 on November, 2012. The debts filed were all discharged on March 1, 2013. By the end of March, a collector calls me trying to collect a debt from 2009 that was discharged in the bankruptcy filing. This debt was in possession of another collector at the time of filing. I sent the new collector the discharge documents and a letter from my bankruptcy lawyer, but they posted a key derogatory item on April 2013, showing the amount of debt (not a zero balance) with the three credit bureaus. I am disputing the reporting but they seem to ignore me completely. I have sent certified letters and called them, but they are firm on their reporting. Isn't negative reporting on a discharged debt a violation of the permanent injunction of my discharge? If so, should I pull the trigger on the collector and sue them if they don't eliminate the negative reporting within 30 days?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Posting Key Derogatory Items on Credit Bureaus After Debt Was Discharged on Ch. 7

    With whom are you disputing the reporting of the debt with? If you aren't already doing it, you need to dispute it with the credit reporting agencies. If you adequately prove the BK discharge of the debt, the CRA's are barred from reporting an outstanding balance regardless what the creditor claims. If the CRA's continue to report it you would have an action against any CRA that continues to report it improperly.

    You also are correct on the report filed by the creditor but since you are not getting any action from the creditor, I would work on the CRA to get the report corrected.


    You would have an action against the CRA under the FCRA if they do not correct the report. You would have an action against the creditor under the FDCPA and the BK laws for their actions. Whether you sue or not is completely up to you.



    Understand that a BK does not mean the original debt cannot be reported. It is part of your credit history. It has to be reported properly though which means it would be reported as being discharged in BK. There can be no outstanding balance although it can show the outstanding balance prior to the BK discharge.

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