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Can a collection be filed after you file BK?

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    Can a collection be filed after you file BK?

    I have subscribed to one of those services that monitors your credit reports; today I received an alert that my credit report had changed, and saw that one of my accounts had sold my account to NCO credit and they had filed a collection against me. The account is a Canadian company that I included in the Bankruptcy petition. They were served, like everyone else.

    Can they do that? I thought once you filed BK, the company can't file suit. This is really bothersome.

    This is what the report read:

    10/9/2005 6:10:02 PM NCO FIN/55 $00000511 09/27/2005 Collections
    Last edited by Pinktiger; 10-09-2005, 09:13 PM.
    Filed Chapter 7, 8/16/05, 341 10/12/05
    Discharged 2/16/06, Case Closed 3/8/06
    FICA Score (Equifax) as of 10/13/06 - 645
    (It was 506 on 10/12/05)

    #2
    More than likely, the sale or assignmnet had been started before you filed BK. The collection agency will return it to the original owner.

    One question-I don't know if you can file BK in one country for a debt owed to a creditor in another.
    Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

    Comment


      #3
      Just write NCO (keep a copy of the letter), list your attorneys names and the case #, also send a copy of the letter to the original crditor. StaciMM is correct, creditors sell accounts usually in bulk. The original creditor should have already contacted NCO, but hey, I bet they get a few that may pay it, you gotta give them credit for that. Nothing to worry about, just gives you one more thing to keep up with.
      I'll be watching, you may never know when or how, but I'll be there. I am there now....

      Comment


        #4
        Originally posted by StaciMM
        One question-I don't know if you can file BK in one country for a debt owed to a creditor in another.
        Yes - it was incurred in the U.S.,and they do business here. So I already know I could file on them.
        I guess I don't understand about the "public record" thing on the CRA. Doesn't that mean it is a lawsuit? Or are collections a matter of public record?
        Filed Chapter 7, 8/16/05, 341 10/12/05
        Discharged 2/16/06, Case Closed 3/8/06
        FICA Score (Equifax) as of 10/13/06 - 645
        (It was 506 on 10/12/05)

        Comment


          #5
          Collection agencies show there too, I don't really understand it. What will most likely happen is that once NCO is made aware of your BK, they'll return the file to the creditor. If they purchased it (as opposed to collecting on behalf of the creditor) then they'll get a refund.

          In the end, you'll probably be able to get the notation off your credit report by disputing it as 'never had an account with NCO'.
          Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

          Comment


            #6
            Thanks - I'm glad I might be able to get it to go away.
            Filed Chapter 7, 8/16/05, 341 10/12/05
            Discharged 2/16/06, Case Closed 3/8/06
            FICA Score (Equifax) as of 10/13/06 - 645
            (It was 506 on 10/12/05)

            Comment


              #7
              NCO does business here in the states. Where did you get that it was from Canada? Read about NCO here on this board. They are pitbulls!!!

              Comment


                #8
                Yes, I know they do business here in the states, but the company that sold them the account is in Canada.
                Re-read my first post.
                Filed Chapter 7, 8/16/05, 341 10/12/05
                Discharged 2/16/06, Case Closed 3/8/06
                FICA Score (Equifax) as of 10/13/06 - 645
                (It was 506 on 10/12/05)

                Comment

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