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Old forgotten debt after Ch 13 Confirmed

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    #1

    Old forgotten debt after Ch 13 Confirmed

    I'm over a year into my Ch 13. All is going well. Got a call this morning from a collection agency - a bill from 1999 (AT&T) I disputed the charge way back then, havent heard from them for over 5 years. This debt was not mentioned at my BK.
    BTW the debt is only about $150. They say the debt is considered new again, as it was just added to my Credit report in November 06.

    What are my obligations? I do not have an attorney. I told them I was under BK but did not have my case number handy.

    I'm looking into starting to try and clean up my credit report, so I have not seen it yet.

    If I give them the case # will they try to get added to my BK? Is there a certain time limit they had?

    Thanks for any answers.

    Monty
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    #2
    Honestly, you don't really need to do anything. If you chapter 13 gets discharged, this debt will be discharged. Since it's an unsecured debt that could have been listed, it will still get discharged (especially since this is a chapter 13). However, you will have to go a few rounds of headaches to get the thing cleared up on your credit.

    Also, go ahead and send them the case number, there really isn't anything they can do about it. And it's such a small amount.

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      #3
      That business about the debt being new again, just because they updated it on your Credit in '06 is crap. That's called reaging, which is not legal. Unscrupulous creditors do this so they can beat the SOL on the debt.

      You said the debt was over 5 years old,............ Depending on where you live, your State's SOL on revolving LOC's may only be 4 years. Then the Creditor reports the debt again in '06, making it look like a new debt when it isn't.

      Give them your case #. You're under protection of the automatic stay so there's nothing they can do anyway. When you dispute with the CRA's, claim that debt as IIB. As HHM said, once you complete your plan and you are Discharged, that debt will be discharged as well.
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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        #4
        Thank you both, I will do nothing or give them the case # next time they call.

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