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Chapter 7 questions

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CreditExpressNJ
Established Contributor

Chapter 7 questions

Good evening fellow ficoers,

 

Firstly i would like to say I love this board and everything about it. Had it not been for this board I would not have known alot of the things I know now about credit. As for my questions about Chapter 7. This is my first time filing i was filed as of 3/29/17, had my 341 on 4/27/17 and last day to object is today 6/26/17.... So yes im expecting discharge soon hopefully within the next day or two (fingers crossed). 

 

The question i have is one of my creditors just so happen to be a Capital One backed card my filing date was 3/29 but as of a few days ago a collection popped up on my report the only one of all my accounts to seem to have gotten a colelction report and its with Calvary Portfolio. My thing is can a collection agency actually report a collection onto my report after it is filed in a BK7? Keeping in mind its not report that i owe anything it does say IIB but i honestly thought i handled everything before collections started appearing for my accounts and up pops this one.

 

Also the kicked is that they reported that it was opened on my credit as of 4/1/17 but yet it didnt report until a few days after my 341... Is this fishy business can i get it removed I would honestly just prefer no collection be showing at all.

CH7 Filed (3/29/17) - 483 EX 516 EQ 517 TU Discharged (5/31/17) - 559 EX 538 EQ 501 TU Current (1/18/22) - 690 EX 683 EQ 671 TU
Current Cards

Message 1 of 10
9 REPLIES 9
Anonymous
Not applicable

Re: Chapter 7 questions

New collection accounts should not be added post-filing, as it is an attempt to collect a debt protected by the automatic stay.

 

Are you working with an attorney? If so, I'd raise this with the attorney. There may be money to be made from this possible violation of the automatic stay.

Message 2 of 10
medicgrrl
Valued Contributor

Re: Chapter 7 questions

I'm pretty sure that's allowed.


EQ 778 EXP 782 TU 729
Message 3 of 10
CreditExpressNJ
Established Contributor

Re: Chapter 7 questions


@Anonymous wrote:

New collection accounts should not be added post-filing, as it is an attempt to collect a debt protected by the automatic stay.

 

Are you working with an attorney? If so, I'd raise this with the attorney. There may be money to be made from this possible violation of the automatic stay.


 I am working with an attorney i will alert him of it to let him know to see what happens if anything?

 

CH7 Filed (3/29/17) - 483 EX 516 EQ 517 TU Discharged (5/31/17) - 559 EX 538 EQ 501 TU Current (1/18/22) - 690 EX 683 EQ 671 TU
Current Cards

Message 4 of 10
CreditExpressNJ
Established Contributor

Re: Chapter 7 questions


@medicgrrl wrote:
I'm pretty sure that's allowed.

Wow really even after it has been filed already and to show up months later as IIB when they never existed prior to my filing on my report like they were not ever included in my bk but they purchased an account that was included in BK as if they were going to be able to collect on it.

CH7 Filed (3/29/17) - 483 EX 516 EQ 517 TU Discharged (5/31/17) - 559 EX 538 EQ 501 TU Current (1/18/22) - 690 EX 683 EQ 671 TU
Current Cards

Message 5 of 10
medicgrrl
Valued Contributor

Re: Chapter 7 questions

As long as it's showing IIB then it's reporting properly.


EQ 778 EXP 782 TU 729
Message 6 of 10
CreditExpressNJ
Established Contributor

Re: Chapter 7 questions


@medicgrrl wrote:
As long as it's showing IIB then it's reporting properly.

dang! i hate them why did they have to be the only one that put a collection now its gonna be stuck there... I thought i avoided the collections reports.....Does the company have the right to even do that like that it was the Union Plus Card i wasnt even 30 days late once its like soon as they heard i was filing BK they sent it to collections... I thought it was a process before collections like having to go through 30, 60, 90, 120 days late...Or is that not a thing?

CH7 Filed (3/29/17) - 483 EX 516 EQ 517 TU Discharged (5/31/17) - 559 EX 538 EQ 501 TU Current (1/18/22) - 690 EX 683 EQ 671 TU
Current Cards

Message 7 of 10
medicgrrl
Valued Contributor

Re: Chapter 7 questions

Capital One sent it to collections after you filed even though you had no late payments and were current on the account at time of filing?


EQ 778 EXP 782 TU 729
Message 8 of 10
CreditExpressNJ
Established Contributor

Re: Chapter 7 questions


@medicgrrl wrote:
Capital One sent it to collections after you filed even though you had no late payments and were current on the account at time of filing?

Correct.

CH7 Filed (3/29/17) - 483 EX 516 EQ 517 TU Discharged (5/31/17) - 559 EX 538 EQ 501 TU Current (1/18/22) - 690 EX 683 EQ 671 TU
Current Cards

Message 9 of 10
medicgrrl
Valued Contributor

Re: Chapter 7 questions

I'm surprised they can do that...not from the borrower's perspective but from the collection agencies perspective. They sold them an uncollectible debt.


EQ 778 EXP 782 TU 729
Message 10 of 10
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