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Discharged but new collection showed up

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    Discharged but new collection showed up

    Our Chapter 7 was discharged in October (filed in June). We listed the old cell phone company as a creditor. Apparently, old cell phone company sold the debt to CA in June. They contacted hubby's ex-wife in February looking for him. We had moved a year before so the old cell company & CA didn't have our new address & never notified us.

    As soon as the ex-wife told hubby (and gave him the number) he called them, explained that he filed CH 7, was discharged in October. They said that they would remove it from the credit report. They didn't, hubby disputed it, investigation happened & the update says that it is to remain as a current collection.

    What can we do to fix this? Hubby had a mail forward with the post office, but never received anything from the CA, so I'm guessing *if* they did send something the ex just tossed it. This is literally the only thing that he's having a hard time with. Honda was great about correcting things & everything else has been reported correctly. Any thoughts?

    #2
    I am no expert and could be wrong, but I think they HAVE to remove it, it was discharged in bankruptcy, listed or not.
    I think I would send a copy of my discharge to the credit reporting ageny(s) and demand it be shown as discharged or else face a complaint to the FTC.

    Make sure to send the letter Certified Mail with proof of sending. Proof of receipt is more expensive but might be worth it.
    Last edited by PaKettle; 03-28-2008, 05:29 PM.
    <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
    FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

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      #3
      Dispute it directly with the CA (address listed on the CR). You can find some great letters/resources concerning this on the bk portion of Credit Boards for situations exactly like this. Do NOT send your discharge papers to the cra...all of your bk info will be stuck like glue to your report for the next 7 years.
      Filed Chapter 7 9/1/07
      341 Meeting 10/2/07
      Discharged 12/19/07

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