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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 08-17-2003, 07:17 PM
dune33
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Unhappy

Can past creditors do this?


What is the name of your state? MA but I filed in WI.
Hi,
Over 5 years ago I had to file bankruptcy because I had to relocate for my job and couldn't sell my house. Anyway to this day some of the debts that were discharged in the bankruptcy are still on my credit report as being in default. I'm a student and every year I have to send my bankruptcy discharge and a laundry list of documents to SallieMae. I guess I shouldn't be complaining but I went through hell during this time and I thought that Chapter 7 would give me a fresh start I so desperately needed. It seems unfair that those creditors should be allowed to do this in addition to the bankruptcy blemish that is already there. These debts are credit card/ unsecured loan debt and not on the list of "unforgivables". Could someone please tell me if the creditors are allowed to do this so I'll know if I should take legal action or not.
Thanks
dune33
  #2  
Old 08-17-2003, 07:28 PM
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What EXACTLY is being shown on your credit report for each of these debts??
You need to understand that the debts themselves will continue to be reported for 7 years from their date of last activity (DOLA). The bankruptcy doesn't remove them.
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  #3  
Old 08-17-2003, 07:32 PM
dune33
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I don't know the exact verbage that is used and I realize that the debts stay there. But there are a couple of debts from creditors that were listed on the bankruptcy that I'm constantly being questioned on so that I must reproduce the bankruptcy discharge statement. I'm assuming that they say the loan is in default or something that is different from the other discharged creditors listed. It sounds as if I need to order a copy of my credit report before I proceed.
  #4  
Old 08-17-2003, 08:54 PM
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Join Date: May 2001
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Likely, you have these old chargeoffs showing a balance owed instead of included in bk with a zero balance.
Go to [url]www.creditboards.com[/url] and do a search on "included in bk". That's been a hot topic over there. Also, be sure the account was actually chargedoff prior to your filing. There is an FTC opinion letter that says it is inaccurate to report it as chargedoff unless, it really was chargedoff.
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