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Can an original creditor collect a debt not listed in a discharged chapeter 7 bankruptcy?
Wiki User
∙ 15y ago
Of course. Your saying the person/co you owed money to (the creditor) went bankrupt. So? His/its bankruptcy does not relieve or change YOUR debt in any way...whether he transferred the debt or not, before or after filing. In fact, the debt you had to that bankrupt party is an asset of its. Hence, when he declared bankrutpcy it is very commonly given to one of HIS creditors as a way to pay them.
Wiki User
∙ 16y ago
Wiki User
∙ 15y agoIt gets a little complicated...but only a little.
If you weren't listed...which you were supposed to be...and the debtor swore to the court that they provided truthful and accurate info on all known creditors (as well as income items)...then they may have committed a fraud and can now face criminal problems too. (Makes collection that much easier). Certainly, if you can show that they knew or should have known of their debt to you and still didn't list you to provide fair notice...his new problems and that your debt wasn't discharged and is still collectible are likely.
If you were listed, or the debtor can show there was some basis for not listing you, and hence you didn't receive notice of the requirement to file a claim...and depending on how all the public notices requirements to provide everyone concerned a chance to hear about and file their claim were followed, your debt may still be considered discharged.
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If a bankruptcy was discharged on an account that was sold to another lender and the original creditor is marking it as a charge off should it be marked as bankruptcy by the original creditor?
Yes, this debt should have been marked as a bankruptcy by the original creditor. It cannot be changed from a bankruptcy to a discharge unless the bankruptcy did not go through.
How do you get a creditor to withdraw late payment reports that occured after you filed BK if the creditor claims they can continue to report this?
If the account with the late payments was discharged in the bankruptcy, that account needs to have all information removed except for the "discharged in bankruptcy" (or similar) statement. Once the account is discharged, continuing to show late payments is like hitting the consumer twice. Send the original creditor copies of the pertinent pages from your bankruptcy papers, copies of your id, ss card and a letter requesting that they change the way the account is being reported to the bureaus. Concurrently, write the bureaus and request the same changes. If you are not successful, you may have to file suit to have the information shown accurately.
Do you need to include account numbers for both the collection agency and the original creditor on your bankruptcy form?
Include the original account number if you are including the original creditor. Include the account number for the collection agency if you do not have the orignal creditor information and are including them as "Care Of" for service.
Can a debt collector demand payment for an amount that has been included in a chapter thirteen bankruptcy?
If bankruptcy is over and the debt was discharged, they creditor is forever barred from taking any action to collect the debt. If the bankruptcy is still pending, the debtor cannot contact you without permission from the bankruptcy court. In either case, you may have a claim for damages against the debt collector.
Can bankruptcy be filed again 6 years after the original filing date in NY?
In general it is 6 years after the discharged date.
Should original creditor and the new creditor the account was sold to be included in bankruptcy?
Both and anyone else you can think about in the middle, because it removes any claims down the road for not providing proper notice.
Can a secondary collection agency collect on a charge-off when the debt is over 3 years old and the original creditor has declared bankruptcy?
More than likely. Three years is not long enough for an SOL to expire. What probably happened was, the account was bought from the creditor, which is common practice. The BK of the original creditor, has no relevancy if the debt was sold.
How do you get a judgment to say satisfied on your credit report when it was discharged in your bankruptcy?
If a judgment was included in, and discharged by, your bankruptcy; there is no need to obtain a separate disposition. Write the credit bureaus and send a copy of your bankruptcy papers which show this judgment included. That should suffice to have the judgment removed from your report and the original tradeline from the debt marked "included in BK". Talk with an attorney or go to a bank that has a notary service.
Can a creditor sell your account after filing bankruptcy?
Sure...it doesn't change the rights of the creditor...or your obligations as a dedtor...the buyer probably paid very little and is hoping your BK will pay the debt off at a higher amount. Basically, a creditor may sell his rights at any time....it is does not change your obligation under the loan at all. To clarify, it does not mean the new creditor can disregard the bankruptcy and any bar on collection activities that may be in force just because they just bought the debt. They only get the rights to what you would have paid the original creditor in the bankruptcy - they "step into the shoes" of the one they bought from.
What do you do if the original creditor went bankrupt pulled your file from the collector you were paying and sells it to a debt buyer who demand a large sum of money up front or they will sue you?
I would hire a Bankruptcy attorney asap.
What is does it mean for an original creditor to recall their collection?
Recall of a debt by a creditor is when the original creditor asks for the debt to be returned to them after they have sold it, often to a collection agency. This may occur if the debt has not been collected for a certain amount of time, and the debt will be sold to another agency to collect, or if the debtor offers the original creditor a settlement.
Can you pay an original creditor after the debt is sold to a collector?
No, the collection agency is now the rightful owner of the debt in question and the original creditor has removed the account from their books.
