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Creditors reporting violation of Automatic Stay or not part 1

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    Creditors reporting violation of Automatic Stay or not part 1

    T. L. Miller

    #2
    Originally posted by tammark
    The creditors are prohibited by the Automatic Stay Code to continue updating the credit rpt trade line any month after the bk is filed since the bk relief is effective immediately once filed.

    Since the Chapter 13 is a federal debt consolidation plan to liquidate in an orderly fashion, as with any debt consolidation plan, creditors are to allow the debtors to repay their debts without continuing to destroy their credit.
    __________________
    T. L. Miller
    If you were to subscribe to the notion that a Chapter 13 plan makes any previous agreement null and void, then I <suppose> this argument has merit. If would be interesting to google around for any case law that specifically answers this question...Best I could do was come up with cases that were clear and compelling violations (trying to foreclose while in BK, etc)...
    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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