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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 03-10-2001, 11:44 PM
wilc
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I live in Florida. In 1994 I filed bankruptcy, it was discharged in 1995. I would like your opinion on an issue. When I filed bankruptcy my attorney told me I did not have to claim my auto and I could keep 2,000 in assets. My problem is the bank that financed my auto has listed it on my credit report "included in bankruptcy". When I disputed this info with the credit bureau, the bank changed it to "charged off-bad debt 02/95". I paid all 60 payments and even paid it off early. I signed nothing with the bank and I was never delinquent to have the bank say the account was a charge off-bad debt. Can you offer your opinion on what I can do to correct this "false information" the bank is reporting. Thank you in advance, for your opinion.
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Old 03-11-2001, 05:40 PM
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This is a case of the left hand not knowing what the right hand is doing. The finance department kept your account active and so you paid off the car. But when you filed bankruptcy, the paperwork went through the collections department and they wrote off the loan. Notify the bank of a "mistake" in reporting the car loan to the credit bureaus and write each of the credit bureaus and protest the charge off. Your attorney was wrong about the car loan. I am assuming you filed a chapter 7 and car loans must be terminated before a 7 can be completed. Virtually all car loans have provisions calling for cancellation of loans and repossessing the vehicle if the debtor files bankruptcy.
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