In 1991 I filed for bankruptcy. Since that time I've straightened out my credit. However when I applied for a credit card they told me I still owe a balance from 1991. Are they allowed to do that???
Bankruptcy can affect your credit for up to 10 years. A.F. --------------- Free Credit Repair Information. http://www.Creditinsiders.com
That sounds like the debt in question was NOT accurately listed as "Included In BK". If so, request the credit bureaus to update it to prove the debt is not due-(send them copies of your BK papers to show that the creditor was included.) Many times a BK will be 9 years old and a few debts will still appear to be in collections. That is a form of FDCPA violation because essentially it is an attempt to collect a discharged debt! Your BK itself will come off in one more year if it was a chapter 7. Kristi CarreonandAssociates.com Anita wrote: ------------------------------- In 1991 I filed for bankruptcy. Since that time I've straightened out my credit. However when I applied for a credit card they told me I still owe a balance from 1991. Are they allowed to do that???
An attempt to collect a debt previously discharged in a bankruptcy is also fraud if you can prove intent (i.e. they knew it was discharged in the bankruptcy). Usually, notice is sent from the bankruptcy court to all included creditors informing them of the discharge. So, it is likely this creditor knows full well the debt is discharged. I would point this out to them in writing using the word fraud. If that doesn't fix the problem, then I would look for an attorney. However, if it is a student loan there may be other issues involved. Is is a student loan?
It can also be criminal act and a violation of the automatic stay- the stay does bar acts to collect it -- even criminal proceedings for contempt. Any collection reporting of a discharged debt can be considered an attempt to collect, thus violating the above, especially if you prove they received ample notice and continued to report it as a collection rather then Wager P/L-Bankruptcy. Kristi- Carreon & Assoc. wrote: ------------------------------- That sounds like the debt in question was NOT accurately listed as "Included In BK". If so, request the credit bureaus to update it to prove the debt is not due-(send them copies of your BK papers to show that the creditor was included.) Many times a BK will be 9 years old and a few debts will still appear to be in collections. That is a form of FDCPA violation because essentially it is an attempt to collect a discharged debt! Your BK itself will come off in one more year if it was a chapter 7. Kristi CarreonandAssociates.com Anita wrote: ------------------------------- In 1991 I filed for bankruptcy. Since that time I've straightened out my credit. However when I applied for a credit card they told me I still owe a balance from 1991. Are they allowed to do that???
