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Debt collector going after debt that was in bankruptcy

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Anonymous
Not applicable

Debt collector going after debt that was in bankruptcy

I have a debt to the apartments I moved out of during my bankruptcy, while living there I had 5,000 worth of equipment stolen and had to pay the company I worked for back for all of it, so them dudecting that out of my income forced us out of a home.

 

On my Experian report it shows the debt the the apartments as "Debt included in or discharged through Bankruptcy chapter 7, 11, or 12"

I did a chapter 7 bankruptcy

the debt collector " MARS Inc" has been contacting me, last contact was yesterday. but they were calling me back because last week they called, so I said I would pay debt this week but after pulling my report and seeing its on my bankruptcy I'm assuming I shouldn't have to pay the debt of $1,003.

 

It's looking like there are possibly other errors on my Experian report but this is a big one because I can't believe I almost paid that debt, thank God I pulled my report, but what steps do I take from here??

 

Also I used Creditkarma which tells me my credit score is TU-590, Equifax-550. I have a free membership on Experian Direct through my USAA account and it says my credit score is 594. but it says my FICO8 is 547

 

Another thing I noticed on my Experian is an inquiry from an auto dealership, which I did go to, but I paid cash for the vehicle so I dont understand why that inquiry is on there.

 

I want to build my credit, and I feel so lost in doing so

Message 1 of 9
8 REPLIES 8
Anonymous
Not applicable

Re: Debt collector going after debt that was in bankruptcy

A couple things.  What's on your credit report isn't important with regards to a debt collector trying to collect a debt. You need to look at what you actually discharged in the chapter 7 and if that debt was listed.  The credit scores you really want to pay attention to are the scores from this site, not any of the other ones.  My guess is you gave the car dealership permission to pull your credit at some point during the car buying process.  

Message 2 of 9
Taoron
Frequent Contributor

Re: Debt collector going after debt that was in bankruptcy

If they are trying to collect a debt discharged in bankruptcy, this is illegal and they are basically ignoring a federal order.

 

Contact your attorney.  This is breaking.  15 U.S.C. § 1692 Fair Debt Collection Act

 

If they keep trying to collect, your attorney can file a lawsuit against them. 



Message 3 of 9
0REDSOX7
Valued Contributor

Re: Debt collector going after debt that was in bankruptcy

One of the benefits of filing chapter 7 is that, any debt incurred prior to filing, is actually discharged as well (assuming a discharge was granted) regardless of whether or not it is listed in your petition.

BK Discharge 2/11/14

Currently in the garden.
Message 4 of 9
KDKobes
Regular Contributor

Re: Debt collector going after debt that was in bankruptcy

Yep, for instance in mine in went likely this;

 

Debts that were not listed in bankruptcy whether forgotten or just not added to the discharge could be included up to 2yrs afterward but it costs $200. This was Colorado for instance im sure other states differ but from my understanding if it wasnt listed then by NO means does that means it is included in bankruptcy. For a debt to be discharge in bankruptcy it must be included.

 





EX: 694 (F8)(7inq) | TU: 691 (VS3)(5inq) | EQ: 699 (VS3)(5inq)
BK Ch 7 Discharged 2015 | x1 Paid collection | x1 30 day late on file
9% Utilization | AAoA: 2yrs | Updated: *UPDATING*
Message 5 of 9
Anonymous
Not applicable

Re: Debt collector going after debt that was in bankruptcy

Unlisted debts are not automatically discharged just because he filed chapter 7, it has to be a no-asset case, which most chapter 7's are anyway. Otherwise the creditor wouldn't have received notice and potentially lost out on the distribution of any non-exempt assets liquidated in the bankruptcy.

 

For more info on the "discharged anyway" treatment, check out the 9th Circuit Appellate Court case In re Beezley, 994 F.2d 1433 (9th Cir. C.A. 1993).

 

Better yet, talk to your attorney to be sure.

 

 

Message 6 of 9
0REDSOX7
Valued Contributor

Re: Debt collector going after debt that was in bankruptcy

Dumpytom, thank you for the clarification.  You are much correct.

 

Here is what I found regarding it for those who don't want to search.

 

"In Beezley, the Court held that reopening a Chapter 7 case to list a previously omitted creditor would be useless, since the case was a no asset case, and the creditor would have received nothing from the Bankruptcy Estate in any event. 
 
The exception would be if there were a valid basis for the creditor to have brought a non-dischargeability complaint in the debtor’s Chapter 7 case based on one of the exceptions to discharge in Bankruptcy Code section 523, like some act of debtor fraud, for example.  But where there would have been no assets for the trustee to liquidate and distribute, and where there are no reasons why any exception to discharge would apply, then a debt is discharged whether or not the particular debt was listed in the bankruptcy, and whether or not the creditor received notice of the bankruptcy filing."
BK Discharge 2/11/14

Currently in the garden.
Message 7 of 9
Anonymous
Not applicable

Re: Debt collector going after debt that was in bankruptcy

I called the company today and they are going to call my attorney to see if it was included on my bankruptcy, I don't think it was but experian says it was. I asked them if they would do a "pay for delete" for the debt and they said they would. Should I offer them 25% of the debt and leave it on my report or just pay the $1000 and have it wiped off my credit? Even if they wipe it off is there any way it would show back up or be put back on? I just want to make sure it will be worth spending $1,000 on
Message 8 of 9
0REDSOX7
Valued Contributor

Re: Debt collector going after debt that was in bankruptcy

I wouldn't even be calling them and speaking to them.

 

If it is showing as Included in Bankruptcy and a zero balance on your report (from the Original Creditor, not the Collection Agency), then they can't delete anything...

BK Discharge 2/11/14

Currently in the garden.
Message 9 of 9
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