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Is it legal for a collection agency to purchase an account that has been discharged in Chapter 7 and report it as a charged off account?
Wiki User
∙ 8y ago
As a general rule, "No". You need to be certain that the debt was actually discharged in the bankruptcy. If so, you should contact the attorney that handled the BK and have them forward the necessary information to the collection agency. Or you can send the documents yourself (COPIES of the discharge, etc.) and send them by registered mail to the agency.
Wiki User
∙ 8y ago
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Is it legal for a creditor to charge late fees on an account AFTER it has been discharged in chapter 7?
Provided the account was indeed discharged and the late fees were generated after the discharge, the answer is no.
Can you sue a collection agency who continues to report a debt as a debt in collection even though it was discharged in chapter 7 four years ago?
Yes, you may have grounds to sue the collection agency for violating the Fair Credit Reporting Act if they are reporting a debt that was discharged in a Chapter 7 bankruptcy. You should seek advice from a consumer rights attorney to explore your legal options and potentially take action against the collection agency.
Can monies in your checking account be seized by anyone if ch 7 hasn't been discharged yet?
Presuming no one has gotten a stay of the bar to collection actions, no.
Can a overdrafted checking account be discharged under chapter 7?
It is an unsecured debt to the bank, (presuming your saying they paid a check you didn't have money for). So yes.
What happens if I got a cash advance from the Met Bank and they closed my account?
Metropolitan Bank (or any bank, really) will not cancel a loan unless (1) you successfully are discharged from a Chapter 7 bankruptcy or (2) you defaulted and the bank decided to write it off after collection efforts. If your account was cancelled and you still have a loan outstanding, you are still responsible for making payments on that loan.
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 I file chapter 7 on a joint account without the other persons signature?
yes. A joint account simply allows the creditor to collect from either party. If you file a chapter 7 without the other other person, your liability on the debt will be discharged. Your discharge has no effect on the other person's liability for the debt.
What is an open collection account?
A collection account that has not been paid off.
If you included your Bank of America checking account in a 2003 discharged chapter 7 is it legal for them to place a black ball on you so you cannot open a new checking account?
It's legal for the person to be placed in the Chex System for the required five years.
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.
What are the eight types of business transaction?
cash sales, credit sales,purchase on account,collection from sales on account,settlement of purchase on account, direct purchase on cash,installment sales and installment payment
You were an authorized user on your mothers account not a card holder and after her bankruptcy a collection agency is harassing you?
If you are an authorized user then it is not your debt but your mother's debt. Your mother's bankruptcy discharged (wiped out) the debt in question. The collection agency is not allowed to collect from you as, again, it is not your debt. This would not be the case if you were a joint debtor with your mother.
