Personal Finance
Bankruptcy Law
Money Management

Can a creditor of an un-reaffirmed loan address mail to you with your name and Chapter 7 in the address line?

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Wiki User
May 04, 2009 3:44AM

Yes, there are no consumer laws such as the FDCPA that would prevent such action, as bankruptcy is a matter of public record, and some bankruptcy filings are published in newspapers. Since it is true it could not be construed as slander, libel, defamation and so forth. It is rude, unethical and completely without reason, but not illegal. No, I don't think you can be slandered, libeled, defamed for anyone publicising your actual and legal, TRUE and public record actions. The defense of it being real and actual....albeit a derogatory, covers most anything said about you (that truth was your choice...don't want to be called a bankrupt, don't be one). How rude, unethical, etc it is can also be disputed....the reason it is a matter of public record is because it is something that the public should know! (That your trustworthyness is to be questioned as you failed to maintain your sworn promises and pay debts, obligations, etc. I'd want tp know before having any dealings with you...don't want to end up like th last guys...and if you lied on the sworn agreement to pay them back...and likely more...for whatever the reason...I don't want to find you had a reason to lie to me too). The only real legal thing is if the letter itself was an attempt to collect the debt (which cannot be attempted during the BK, and probably won't exist after it) or just standard correspondence.