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  1. #1

    Default No Asset Bankruptcy in Oregon

    In 2005 I filed Chapter 7 bankruptcy in Oregon. My attorney at that time told me that, since my bankruptcy was a "no asset" bankruptcy, that if any creditors or collection agencies related to unsecured debt were missed on the list of creditors, they would still fall under the umbrella of my bankruptcy and would be required to stop collection efforts and continual "pinging" of my credit report. I have been unable to contact my original attorney as they have moved out of state and I don't have a current phone number or address for them.

    I have recently found out that one collection agency is continuing to "ping" my credit report for an item that occured in Washington back in 2001, before I moved to Oregon. Can they do this?

    Thanks for your time!

  2. #2
    Join Date
    Sep 2005
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    Default Re: No Asset Bankruptcy in Oregon

    We should infer that this is a debt that was not included in your bankruptcy, such that the creditor received no notice of the proceedings?

    When you contacted them and informed them about the bankruptcy, what did they tell you? If they requested it, did you provide them with proof of the order of discharge?

  3. #3

    Default Re: No Asset Bankruptcy in Oregon

    Sorry if I wasn't clear enough. Not enough sleep and had to get up early for work. I haven't contacted the collection agency yet because I wanted to find out if I have my facts straight about the "no asset" bankruptcy in Oregon, per what my attorney told me at the time of filing. If I am correct on those facts, then I can tell the collection agency that they are in violation of Oregon bankruptcy law and that they need to cease and desist. If I am NOT correct on the facts and the collection agency can, in fact, continue to "ping" my credit report, then I have to look at another option.

    I only found out about the collection agency after being turned down for a loan at a local credit union and being provided with a copy of the credit report that they ran. Funny thing is, the collection agency hasn't been actively trying to collect on this item (letters or phone calls) for the last several years, the entire time I've been living in Oregon.

  4. #4
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    Default Re: No Asset Bankruptcy in Oregon

    Your attorney is correct, although creditors may demand proof of the discharge (and some, unfortunately, will resist the notion that they need to comply with the law). In a "zero assets" case it's implicit within the order of discharge that you had no assets with which to pay any creditor, and the purpose of listing your creditors is not to create a "gotcha" in the even that you accidentally omit one.

  5. #5

    Default Re: No Asset Bankruptcy in Oregon

    That's good news. THANK YOU for taking the time to reply. I'll definitely mention this website to others.

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