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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 05-14-2003, 12:34 AM
joshuaadvant
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Creditors pulling credit reports after chapter 7 discharged


What is the name of your state?
If a creditor's debt has been discharged, can they continue pulling credit reports without permission? Thanks.
  #2  
Old 05-14-2003, 08:51 AM
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Location: Nashville,TN
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Depends on what kind of 'pull' their doing ? If all the accounts are closed and you no longer have any relationship with that creditor, then, no, there would be no permissable purpose. If all they're doing is 'promotional' inquiries, then they can get away with it. A/R reviews shouldn't be allowed either if all the accounts are closed and gone.
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I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #3  
Old 05-14-2003, 08:53 AM
cyana
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Technically, I think this would be ....


considered a "non-permissible purpose" since you no longer have a 'credit and/or business relationship with them. I am certainly not any kind of an expert in this area. I suggest you visit [url]www.creditnet.com[/url] and browse the many threads on these npp's. Or use the search function if it's working - sometimes it goes down. There are example letters you can use to remove this from your credit report; like many other things on your credit report the CRA's are bound by laws to comply.

You don't have to register if you only want to browse, only if you want to post.
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Old 05-14-2003, 10:28 AM
joshuaadvant
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It is the mortgage holder to a house I relinquished in chapter 7. The foreclosure sherif sale is May 22. The chapter 7 was discharged on Sep 3 2002. They have pulled the credit twice in the past three months. It states something to the effect "for home loan." This creditor had told a realtor that he was going to "do everything he could to screw up my credit" for as long as he could. This creditor also continued to send me statements during the entire bankruptcy proceedings.
  #5  
Old 05-14-2003, 10:33 AM
kevinss
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You need to speak with your trustee and provide both evidence that they violated the automatic stay (the bills) and the evidence that they placed entries on your credit report for a purpose other than stated. He'll know what to do, if there is anything he is going to do
  #6  
Old 05-14-2003, 10:58 AM
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Location: Nashville,TN
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Sounds to me like its time for an intent to sue letter to this creditor. He can't legally do anything he wants to screw your credit w/o legal ramifications. If you catch him at it, you have recourse under the FCRA AND the bankruptcy laws. The continued collection activity DURING your bankruptcy is enough in itself to get him fined and sanctioned by the BK court !!
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"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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