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Can a debt collector change the date of last activity on an account that was discharged in bankruptcy?
Wiki User
∙ 9y ago
The debt collector cannot change the date of anything, legally. If the account was discharged in bankruptcy, everything up to the filing date is not owed any longer.
Wiki User
∙ 9y ago
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If your ex-wife files for bankruptcy can you go after her for not paying on a joint account?
Not if the debt is discharged in the bankruptcy.
Should an account discharged in bankruptcy have a status of closed and if it still says open is this hurting you?
In this instance the account would generally be noted as "included in bankruptcy. The impact the open account would have is insignificant, compared to the bankruptcy.
Your personal bankruptcy was filed in 2000 can your name be added to a CD account?
If your bankruptcy was "discharged" in 2000, then yes. Discharged means it is done! If you are still in a chapter 13 bankruptcy, still paying the trustee--then no. If the trustee finds out about the CD, it will cause lot of problems.
Can a collector who bought your account from the creditor be awarded a lawsuit judgment if the debt was included in your bankruptcy?
There is something amiss here, a debt that is discharged in bankruptcy is no longer collectible. Therefore a lawsuit could not be filed and won nor a judgment awarded to the plaintiff pertaining to such a debt. The involved party should contact the attorney that handled the bankruptcy and have the judgment voided if it is indeed invalid. It would be advisable to acertain if the debt was discharged rather than excluded from the bankruptcy or perhaps sold previous to the filing of the petition.
Can you have a catalog account after you are discharged from bankruptcy?
Yes, after bankruptcy your debt (that which was listed in the bankruptcy) is eliminated. It may, however, take some time to restore your credit rating to the point where creditors will take a risk on you.
Can a creditor put a hold on your savings account after you claim bankruptcy?
When you file for bankruptcy, all your assets are revealed to the trustee and basically frozen. No, a creditor probably won't put a hold on your savings account after you file but they can until your bankruptcy is discharged. Usually a letter from your attorney saying you have filed bankruptcy will stop this action.
In Chapter 7 does a trustee have the ability to monitor your bank account activity after your 341 meeting while waiting for bankruptcy to be discharged?
Our attorney told us that our case (including bank records, etc.) would not be reviewed again after the 341 meeting.
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 stop a creditor from updating the account that is included in bankruptcy?
Make sure the creditor was notified that their debt was included in and discharged through your bankruptcy. Once notified, they cannot legally update a trade line.
If an account was not listed on the creditor's list of a chapter 7 is it still dischargable under the bankruptcy?
Yes it is. The presumption of bankruptcy is that all of the bills that were owed will be discharged at the time. If for a reason the bill that wasnt listed came up it can still be discharged by the court. Your attorney can file an addendum for this with the court after wards.
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.
Can your old creditors still make entries on your credit report after the bankruptcy has been discharged?
Yes, they can. The real question is, why would they want to? It costs creditors to place (and to update) information on the credit bureaus. If their debt was discharged through your bankruptcy, the only entries they should be making are to "clean up" the account and mark it as "discharged" or "included in bankruptcy". All other negative information needs to be removed from the tradeline so that this no longer impacts your credit score. (You are already taking a huge hit to your score for the legal action) If this has not happened, perhaps this particular creditor has not been notified that their account was discharged. Either you or your attorney needs to send the creditor a copy of your bankruptcy papers and request that they update the credit bureaus accordingly.
