collections account

[dmudduck442]

I would like to get some opinions on this. I filed for chapter 7 bk on 4/18/07 and was discharged on 7/24/07 and I have been cleaning up my credit reports. However, I have an entry that was reported as a collection that was included in the bk. they are reporting this as in bankruptcy with a balance due as of 10/07 of $90. Shouldn't the balance due be $0? When I called the creditor today they told me that as long as it states included in bankruptcy on my credit report that the correct amount to report as of 10/07 is $90 and they refuse to remove that entry. I disagree. Does anyone else have any thoughts on this?

[magyar123]

Unless that one creditor filed an objection to discharge $90 of your total debt with them - don't know why they would be hung up on $90 - and all except $90 was discharged, they can easily contine collection activities on that account/amout, and report it as an outstanding debt..
If that creditor has a local office, get $90 worth of pennies, not rolled, and pour it on the desk of whoever you talk to. Then you paid it, and should come off your report for once and for all.

[lrprn]

When I called the creditor today they told me that as long as it states included in bankruptcy on my credit report that the correct amount to report as of 10/07 is $90 and they refuse to remove that entry. I disagree. Does anyone else have any thoughts on this?

All Ch 7 accounts included in your bankruptcy must report IIB with a balance of zero. This creditor is wrong and is violating the FCRA (Fair Credit Reporting Act) by continuing to show a balance on a discharged debt.

Start by disputing this in writing. Send a registered, return receipt letter to the creditor challenging the balance and reminding them you filed bankruptcy (give dates of filing and discharge) and that this account was included. They must reply to you in writing within 30 days.

If they still refuse to change the balance, then contact a consumer-rights NACA attorney in your area - http://www.naca.net/credit-reporting-problems/ . You have a strong case that might win you $1000 or more along with attorney and court fees if you can show the court that the wrong credit report information they are forcing to stay on your reports is preventing you from getting better credit and loan terms.