Is posting neg info to CR by CA after BK notice legal?

[dingdong]

Can a Collection Agency post a negative entry to your CR very soon after they have received notice of BK? Isn't this considered continued collection and a violation of the Stay?

[HHM]

Depends on the entry.

If the entry is simply that the debt was included in BK, that is fine. (actually, that is what should be reported).

[dingdong]

Thanks HHM,

I was kinda hoping you would post. Me being a newbie and all!

Love it when the gurus offer advice!

Anyway, I remember from some credit repair forums that this was most likely a no no.

The entry is not a BK notation, just a new entry from a notoriusly unscrupulous local CA. They are nasty and ignorant! I know they have received notice from the court. They are probably just PO'D that I filed and they have no recourse any more.

what should I do? I don't really want to stir the pot before my 341 ( In early Jan). Should I wait for the discharge and case closing and then get nasty right back at them?

I would love to make them pay the piper.


I am a no asset, ch 7. I received an alert from one of my credit monitoring services, which is how I found out about the entry.
Thanks.

[Flamingo]

Sometimes it takes several weeks for a creditor to post that you have filed BK. Relax as to your credit reports. Unless you suspect some kind of fraud right now, there is no reason to go in there and clean anything up until you are at least 2 to 3 months past discharge, THEN obtain all three and start cleaning up.

[dingdong]

Actually, I am not worried at all about my credit reports., I think you kind of missed my point. I thought posting negative information on a CR after a CA has received notice of BK was considered continued collection activity and a violation of the automatic stay. The entry is not a BK notation. The only BK notation on my CR is a public record with my Ch 7 filing. Anyway, don't BK notations come after discharge?



The entry was a new negative entry , posted yesterday after I filed in late Nov.

The CA in question is known for dirty, underhanded tactics.


They are a small, local only CA.



They are notoruiusly horrible and hard to deal with and have the attitude that they are above the law.

Maybe if someone stands up to them, they will be more careful in obeying the law and be a little more willing to work with people during these difficult economic times.

They are extremely quick to drag people into court for debtors examinations and sue them.

They did it to my mom , a 74 year old widow, for some of my fathers medical bills after he died. So yeah, I have a bit of a grudge against them and would love to make them at least a little bit miserable if they were in violation of the stay.

I am not worrying about cleaning credit or anything like that. I realize that is most likely a 2 year process post BK.

HHM, are you out there?

What do you think?

Thanks!

[HHM]

What exactly was the negative entry? The fact that the entry is negative is a non-issue, the issue is what was the entry.

If you want to do anything about, simply dispute the entry with the credit reporting agencies.

[dingdong]

The entry was for a medical Collection account that has not been on my CR before. I included it in my BK, but the CA posted a new entry yesterday, without any BK notation on the entry.

I know they have received notice of the BK by now as other creditors have.

I was under the impression they couldn't do that.

Not a huge issue, I am just a bit irritated with them about what they did to my mom right after my dad died suddenly that I thought I might be able to take them to court after the BK for a FCRA violation.

I might just be being overly pissy right now. They are just the most inhumane people to deal with and won't take payments on debts and drag almost everyone around here into court instead of working with people who are obviusly in financial trouble.

They definitely deserve a taste of their own medicine.

Thanks for replying.