@redwing2013 wrote:I have a JDB that contacted me regarding a unpaid colorado utility bill that occurred during/after my BK. Half the bill were charges during after filing but prior to discharge. The other chargers were immediately after discharge.filing was 10/2008 and discharge was 2/2009. The JDB has reported to Experian once in septemeber 2013.
I have already sent a DV to the JDB which came back with the detailed bill fromt he utility.
How should I handle? What should I do next? Thanks.
If this is outside the SOL for successful court judgment then I would offer a PFD to the JDB and if they refused then I would just wait for it to drop due to CRTP, the max time it can report on your CRs is 7 yrs plus 180 days from the DoFD of the account that led to the CO. If any part of that bill is the month of BK or before then it is non enforceable as its been discharged and to continue to attempt collection on it is a violation of federal law, I would file CFPB complaint for that part of the bill.
@despritfreya wrote:
@gdale6 wrote:
If any part of that bill is the month of BK or before then it is non enforceable as its been discharged and to continue to attempt collection on it is a violation of federal law. . .This is a partially incorrect statement of the law. If the debt was incurred BEFORE the filing date (and time) of the bk then it is part of the bk. If it was incurred the moment after the petition was filed it was not part of the bk. The month of filing is not relevant. Only the date of filing is determinative.
Des.
yes, yes this is true, it is not enforcable if its before the filing date..... OP what matters in Bk is the date of filing not the discharge date...
