Filed Ch7 In 1999 Now Sent To Collection

[Bvmk3]

What is the name of your state? OREGON

First time here bear with us please. new to this kind of msg system. thanks.

Both my wife and I filed ch 7 in 9-1999 because I have cancer and my wife was diagnosed with multiple sclerosis and we both became disabled permanently also we just found out on our credit report that a discharged debt has been sent to collection even after the closing date of the chapter 7. The company called us and asked if we wanted to pay this debt after the debt was discharged. The debt was discharged 9-1999 and they called 1-2000. They filed with the collection ag. on 1-2002

I am trying to clean up my credit and now I find this mess. I read that the company and collection company can be sued or sanctioned or ? .

We live in Oregon and the company wo we filed against and the coll agency is also in Oregon.

What recourse do we have and if we do how do we go about it. We are very legal illiterate.

Any help advise would be greatly appreciated.

Thanklyou

Bill / bvmk

[email protected]

 

[HomeGuru]

why 2 threads?

 

[Bvmk3]

new to msg system

please disregard the double thread post. i'm new to this msg system.

Bill

 

[Ladynred]

The collection agency is in violation of the bankruptcy laws by attempting to collect on a discharged debt. You are correct, they could be fined and sanctioned by the BK court should you have to go that far. The collection entry on your credit reports is also a violation of both the BK code (reporting is considered continued collection activity) and the FDCPA (misrepresenting the legal status of the debt). I believe there's also an FCRA violation in there too.

What you need to do is send the collection agency (CA) a cease and desist letter. In it you remind them that the debt was discharged in your bankruptcy, case # xxxx, filed xx/xx/xx, discharged xx/xx/xx. You also remind them that collection on a discharged debt, including reporting to the credit bureaus, is a violation of Section 524 (a)(2) of the Bankruptcy code and if they do not immediately cease and desist all collection activities, AND remove their entries from your credit reports, you will file a Motion for Contempt and Request for Sanctions against them with the bankruptcy court. If found guilty, they can be fined, slapped with sanctions, and you can recover damages and court costs !

Now, in order to file a motion for contempt, you would have to re-open your BK case. Chances are pretty good it will never get to that point. Once they know that YOU know your rights under the law, they should tuck tail and run.

Send the letter certified, RRR and keep copies of everything. Then keep a careful watch on your credit reports to see it the entry goes away.

(AttorneyOney - please correct me if I've got the wrong BK code section here)