Are you required to post the original creditor if the debt is in collections or has been sold?
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While not a requirement, it is always best to list the original creditor and any collection agencies (CA) or other collectors of the debt, including, but not limited to, Junk Debt Buyers (JDB). For CAs and JDBs, I list them as "notification only" on the Schedules and put their address on the Mailing Matrix as well. This is just to cover all bases.
It just reduces the amount of "junk" from CAs and JDBs that state that they were never notified.
I mean, it won't stop them from saying that, but you'll be able to easily point it out and threaten them with contempt of court sanctions. Always fun stuff.
Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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Speaking of that, jb. I just got my TU credit report dated 2/9 in the mail and guess what? Every one of my creditors that filed a claim is still reporting on there. I think the one that I had looked at earlier that only had one reporting was Experian. And I also read somewhere today that it was absolutely not necessary for me to fire a shot across the bow of the hospital that I wrote that letter to about their violations. Per an article written about a decision on that by MY JUDGE. A creditor whined to him about a motion for sanctions when they hadn't received any "warning". He said, basically... "so what?" Because they had been noticed of the filing. But I am still leery of opening this new can of worms before my deadline to objections has passed. (Next week.)Originally posted by justbroke View Post
It just reduces the amount of "junk" from CAs and JDBs that state that they were never notified.
I mean, it won't stop them from saying that, but you'll be able to easily point it out and threaten them with contempt of court sanctions. Always fun stuff.
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First, the items would still be on your credit report, but should be listed as IIB (Included in Bankruptcy). If they are not, then just dispute them.
Second, the general "rule" is that you warn a creditor once. This just lends credence to the fact that they are willfully violating the stay. But, as your Judge opined, it's not required in order to find contempt.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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They aren't showing as IIB. The only one that is showing as IIB is the one that was not IIB. My secured card that got closed right when I filed. I have called the bank about this and asked them to fix it, but I guess I am going to have to dispute that as well.
I thought it was a violation of the stay (as an attempt to collect a debt) if they continue to report collections on credit reports after filing. Not?
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