Hi I'm new and know I have to learn a lot. Does it affect the credit score the same for a ch 13 or 7? If it's reported as a bk 7 or 13, does all the negative late pay, etc stay on? (stupid question, I guess) I reported all my cc on my bk and southtrust (overdraft protection, checking acct has been closed) is still sending me bills and reporting my late pays to the ca. 150 days late. I've sent them copies of the discharge and they still send me bills since december 2003. I have a collection that I do not know anything of it and of course it was not on the BK. Thanks for your replies.
Hi: i didn't get a response and i'm not sure why some discussions go on forever. Is this how I "bump" a question?
I really don't know too much about bankruptcy. I do know that a chapter 7 can be reported for 10 years, a chapter 13 for 7. Don't send the reporting agencies copies of your bankruptcy papers, even if they ask for them. You are then admitting to the BK.
I think a BK is a black mark, regardless of ch7 or 13. One thing to keep in mind is that some ch13 later become ch7, leaving TWO scarlet letters on your CR for a LONG time. In theory, a ch13 shows you made an attempt to pay back your loans and should look better than a ch7. That's if anyone's actually looking. Most CC approval systems are automated and if they see BK, they just deny. If you're applying for a mortgage or car loan, there's an actual person involved in the decision and that can make a difference.
<< I have a collection that I do not know anything of it and of course it was not on the BK. brokeagain ******************************************* >>Validate with CA
Was Southtrust on your bk creditor matrix? If so, send them a letter that the court has already officially informed them of the automatic stay, plus you have previously told them that the debt was discharged in bk. Tell them that they are not only violating the US Bankruptcy Court order by continuing to collect on this discharged debt, but they are also violating the FCRA by reporting erroneous information to the credit bureaus. Make a list of your demands, -- delete tradeline, stop collections, don't sell or transfer debt, etc. (I'd add a demand that they remit $1k as FCRA statutory damages, but that's optional). Then tell them that proof of receipt of this notice may be used by you or your legal representative in further action and that you also reserve the right to forward a copy of this letter, and any other pertinent material to the US Bankruptcy Court and to the Federal Trade Commission. Give them a time limit to respond. Send the letter CMRRR, save all the collection notices and bills you've ever received from them, save the credit reports that the post-bk updates are shown on, and save the green card on the CMRRR. If the unknown collection on your report was owed before your bk was filed, in most states, even if the creditor was not included in your creditor matrix, the debt is considered discharged IF you received a discharge in a no-asset chapter 7. Call the attorney who handled your bk to find out if that applies in your district.
Re: Re: newbie-re chap 7 and ch13 This is VERY useful info. Thank you. Is there anywhere that I can reference this information other than the original BK attorney, or is this common knowledge? (In case it makes a difference I'm in 9th District, Western Washington State)
Re: Re: newbie-re chap 7 and ch13 The idea is that even if the unsecured creditor had been notified of the bankruptcy, they wouldn't/couldn't have received anything since no assets were recovered. So even tho they weren't notified, no harm no foul. I know it would be considered discharged in Idaho, Maryland, and NJ. Residents of other states will have to check with their bk attorney, although the majority of other states will also consider the debt discharged.
Re: Re: newbie-re chap 7 and ch13 Yes, it should be common knowledge among bk attorneys in your area. Any one of them should be able to tell you. Here's a case in NC. http://216.239.53.104/search?q=cach....PDF+bankruptcy+discharge+unlisted+debt&hl=en And info from CT. http://www.bpslawyers.com/index.cfm/hurl/dbg=0/upv=2/SectionID=9/ArticleID=13 Haven't found anything in WA yet, but do a google search for bankruptcy discharge unlisted debt -- and you may turn something up.
Ms. Lilly: Thank you SO MUCH! This just made my life 100% easier. I Googled a few months ago, but evidently didn't have the perfect search words. Not knowing that there were actual cases to find makes it more difficult to find them. THANK YOU! BrokeAgain: The Southtrust O.D. protection account should be covered by your BK, I'd think. I know that your bank would have been listed under the asssets so they would have been notified of the BK.
