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Collection agencies reporting after discharge

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    Collection agencies reporting after discharge

    My BK7 was discharged in January. I signed up for True Credit and have been working to clean up my reports. A few weeks ago a collection account showed up for the first time on all three reports. This is a $300 hospital debt that was included in the BK and discharged. The reporting was done under the name of the hospital collection agency that is owned by the hospital.

    This action caused my scores to drop significantly. I called the hospital and the agency and I was told that they report six months after the account goes to collections. They refuse to remove it but they did change it to balance zero. I even offered to pay it if they would remove it but they said they could not accept my money.

    I maintain that since they never reported before the bankruptcy, doing so two months after it was final is a violation of the discharge.

    I would appreciate any educated opinions on how to get this off my credit reports. I monitor my credit reports frequently and the day this showed up, my score dropped 50-80 points, so it's quite important for me to get this resolved.

    #2
    I have an educated opinion...I would think that if the debt was valid, i.e., you never paid the three-hundred dollars, then it has every right to be on your report. I am not sure what you mean by "a violation of the discharge" . To me, violating the discharge would be making you liable for the debt again, which they clearly are not doing. If the debt is valid, is can be on your report for seven years. I also think you did all the right things to try and get if off...you may just be stuck with it. A consumer statement may help.
    NOTE: I am not a lawyer...any advice I give is for entertainment purposes only. Legal questions should be directed to competent counsel. I am just a troll. Or a Toad.

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      #3
      I feel that since they chose to NOT report BEFORE you filed bankruptcy, that you are not only protected under discharge, but also the automatic stay. Especially when they did not notify you that they were going to report this. Research this a little bit more......
      BUSY running my own credit repair services! Sorry I don't stop in so often any more!

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        #4
        The first person I talked to told me that they have a six month clock on collection accounts and when the six months are up they report. I told her that I thought that was a violation, to have that clock running.

        I think collection agencies report to the credit bureaus in the hopes that folks will pay the accounts when they want to buy a home or car, making the reporting itself a form of collection activity.

        Am I stretching it or is there some validity to my line of thinking?

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          #5
          You don't have any protection from the automatic stay at this point. That expired when your BK7 was discharged.

          Call your attny. The Hospital, was after all, notified of the BK. And like you said, to go throwing the debt on your Credit Report after the fact is a bit harsh to say the least.

          Check with your attny. They may be within their rights to report and you may be stuck with it. But then again, it may be a violation of the Fair Credit Reporting.
          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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            #6
            I Was Reffered To A Company Called Veracity Credit From Our Lender. They Are The Only Credit Repair Company In The State Of Colorado That Is Registered With The Bbb. They Told Me That They Can Clean Stuff Like Tis Off Your Report. They Also Said That They Can Add Up To 20 Points A Month On Your Score. She Told Me They Will Help Get All The Nasty Stuff Off Your Report Even If You Did Not Pay It. You Try That. I Am Going To. Our Lender Said They Can Help Us Lift Our Score So We Can Buy A House Soon!!!!!

            Comment


              #7
              Originally posted by RCAGREEN
              I Was Reffered To A Company Called Veracity Credit From Our Lender. They Are The Only Credit Repair Company In The State Of Colorado That Is Registered With The Bbb. They Told Me That They Can Clean Stuff Like Tis Off Your Report. They Also Said That They Can Add Up To 20 Points A Month On Your Score. She Told Me They Will Help Get All The Nasty Stuff Off Your Report Even If You Did Not Pay It. You Try That. I Am Going To. Our Lender Said They Can Help Us Lift Our Score So We Can Buy A House Soon!!!!!

              No offense, but when you write with every single letter of the the sentence capitalized, it looks like you are a spammer..... you might want to work on that.
              BUSY running my own credit repair services! Sorry I don't stop in so often any more!

              Comment


                #8
                Originally posted by SinkingFast
                You don't have any protection from the automatic stay at this point. That expired when your BK7 was discharged.

                Sure you do. That doesn't expire when the BK is discharged, and the companies can still not contact you, unless you reaffirm with them. Automatic stay prohibits a company from harming you in any way once you have file BK.....
                BUSY running my own credit repair services! Sorry I don't stop in so often any more!

                Comment

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