If I may please? Question about a prebk debts

Discussion in 'Credit Talk' started by Tegleg, Mar 8, 2007.

  1. Tegleg

    Tegleg Well-Known Member

    Trying to get some opinions on a confusing matter.


    Two debts are active during a time in which a Chapter 7 is filed 8/02. One is a utility, other is a cellphone.

    OC's may or may not have received the bk paperwork for whatever reason, Court didn't foreward it, it didn't get listed or somewhere inbetween. I am not sure of this. Debts were opened on credit reports as baddies 08/02 and 04/01.

    I will elaborate more on that, at the time of filing I had no money whatsoever, I had my papers done by paralegal friend of a friend. Prob a bad idea but I was desperate at the time. I knew very little then compared to what I know now. I didn't see these reported on my bk papers when I got the papers back and at the time I didn't know enough to take action on that. But I do recall taking the actual letters/bills with me to bk court hearing and submitting them to the trustee as I was told to bring everything.

    So debts shows as active and not IIB. Debts are out of SOL as they occurred in 2001 & 2002, they are disputed and verified 02/07. The Chapter 7 is listed on my credit reports along with the date of 08/02.

    What is the best course of action to take for these? Of course deletion is preferred but my only options may be updated to IIB or nothing at all.

    Should I send a letter stating these debts occurred during my Chapter 7 as reflected by the entry of the Chap 7 on my reports and request possible deletion as they have been reporting inaccuratley and were recently verified and caused a recent loan denial?

    Continue to dispute with CRA's for inaccurate reporting?

    The debts are for 120.00 and 135.00 would it cost me more in legal fees to see an attorny to have them properly declared? Is it worth it after this time to have them declared?

    PFD for a debt that should have been discharged?

    Other? if other please elaborate =D

    All my debts on my reports are from pre bk except for a foreclosure which was paid and is disputed for showing a balance due and two medical CA's I am sending PFD's on. Several of the prebk's are listed as chargeoffs (I am disputing those too, and know they are listed on my bk paperwork) Between those and the two listed above I appear to be heavy in debt and horrible in creditor's eyes.

    I am really stumped here, and not clear on best way to proceed.

    I appreciate any insight,
    Tegleg

    PS: I just received correspondance that as long as these debts were not comitted fraudulently (they weren't) and were seriously overdue at the time of filing (they were) and I had a no asset case (which I did, I had nada, nothing) that they should be considered as IIB. It was suggested I may send a letter to the OC and CRA's with a copy of my BK notice.

    Why does that always happen to me? lol. I post something and an answer jumps into my email.../doh!
     
  2. haybreez

    haybreez Well-Known Member

    I would dispute again, if they are past the 7 years why are they still on your CRA? If that doesn't work, I'm in kinda the same situation with 2 that are not reporting in IIB, can we file a suit in BK court for this.
     
  3. Tegleg

    Tegleg Well-Known Member

    Thanks Hay, actually they are only 5 years old and since I want to try to get a mortgage at the end of the year I'm trying to get them deleted or updated to IIB with 0 balance.

    The balances that show as debt owed/ charge off hurt our scores because they make it look like we have more debt than we do..

    Have you disputed those yet? I hope you've already disputed old names & addys?

    I'm going to try sending a letter to the original creditors along with a copy of my BK notice and ask politley for a deletion as they were pre bk debts and have been reporting incorrectly (unintentional or not) and have caused a recent loan denial. They may just be updated to IIB with a 0 balance. Which is better than it appears right now.

    In the case they refuse to delete or update to IIB I was told I may have to get an attorney to have those debts included. If a bk lawyer did yours and those debts of yours aren't listed on your papers maybye you could contact him? Just a thought. I did mine pro se, which I know now was not the right thing to do because now I have all these issues.

    Good luck on your journey, I wish us both many good things!

    Tegleg
     
  4. haybreez

    haybreez Well-Known Member

    I am in the process of disputing, last time I did it was 2005, and they didn't fix them. I also have sent them letters. If nothing happens I will have to contact my BK lawyer.
     

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