Sold Accounts, Charge Off's, and Disputes

[LeyLey]

I pulled up my credit reports and almost all the accounts I included in my bankruptcy are reported as charge-off's, or transfer's, or sold. My providian account is even showing up that Providian is still reporting to them!

I am in the process of filing disputes. I have my schedule F and my discharge papers, but I think I am in for a long and bumpy ride. If I have the proof, does the creditors "word" (if you can call it that) still win anyway?

I believe some of these accounts may have been sold prior to my filing without my knowledge. Now I am worried that my filing was all for not as these accounts make up the bulk of the amount I filed on.

If that's the case, how tightly are my hands tied? I had lost my job and being relieved of this debt has allowed be a fresh start, and I haven't attained any new debt. If I am once again responsible for these debts, it would financialy devastate me. I don't quite understand the new law, and I wonder if I was responsible for these debts could I file again in 6 years to relieve myself of them (that would crush me, ugh)? I think I read somewhere that debt purchasers don't qualify as creditors and they are basicaly above the law (of course that could be incorect).

I am so frustrated right now. I wish I had gone through a bankruptcy attorney. But of course they wanted over $1,000. If I had that kind of money I'd be paying my bills!

[LeyLey]

Ok, I can't find a link to edit my post (well, after all it IS 1 am, and yes I gotta get up early for work, eep, this is going to keep me up at night for months), so I'd like to add that I just read that "there is some case law to support the position that even if an account is not listed on the petition, it is still discharged becasue you had the opportunity to discharge it."

So, if I was supposed to list this account (even though I couldn't because I had no clue), there may still be hope? It would be a drag to have to reopen my case and go before a judge, but if that's what it takes.

However, I also read that some judges have said that the "debt to [the creditor], even if not scheduled, would be discharged and the reopening of the bankruptcy case at this time to add him as a creditor will have no effect." And "Reopening the case to amend schedules would not affect the rights or liabilities of anyone, but would only be an exercise in futility."

Well, I'll be darned...THERES the edit button!

[StaciMM]

Creditors aren't quick to update information when it no longer suits them. I don't know about the accounts that were sold, but for the ones that you included and aren't showing correctly, sending a copy of your discharge paperwork should be enough for the credit bureaus to update your report. (They won't go away, but will show 'included in bankruptcy'.)

I'm curious to know about the sold account situation. My husband had a credit card charged off in 2003 that has been sold a few times, and we don't know who owns it now. (We haven't filed yet.) I don't know if its enough to list the original & the company they sold it to.

[originalhealer]

I wish I knew for sure, but I think that as long as the original account is listed, that should be enough....I wish I knew for sure. I filed Pro Se but I used every last creditor that had mailed me a bill in the last year. I also used my credit report.

[HHM]

Yes, as long as the original account is listed, you are covered and the debt is discharged. When it comes to purchased accounts, the practical problem is getting the new company to cease collection activities. However, that is usually solved by sending them a copy of the Notice of 341 meeting.

[StaciMM]

Thanks-that is good to know!

Yes, as long as the original account is listed, you are covered and the debt is discharged. When it comes to purchased accounts, the practical problem is getting the new company to cease collection activities. However, that is usually solved by sending them a copy of the Notice of 341 meeting.