Now she is getting letters from some of the creditors listed in the bankruptcy. They are also on her credit report listing her as delinquent. Is this right?
I thought once you got it discharged that was it?
2006-11-14 10:54:35 · 8 answers · asked by DeputyD 2 in Business & Finance ➔ Personal Finance
You are correct, if the list of creditors included those account numbers then those debts are legally discharged. Get a copy of her chapter 7 petition and list of creditors to verify the debts were listed.
2006-11-14 11:03:01 · answer #1 · answered by Anonymous · 1⤊ 0⤋
The only way creditors know if their debtor went bankrupt is if they are listed on the schedule F of her bankruptcy petition. If they are not listed, they were not notified. The court requires a debtor to put a list of all their creditors with mailing addresses when they file their bankruptcy petition. If I were you, I would send a copy of her discharge papers from the court along with the letter she sent and they should stop bothering her.
Her debts with her creditors were delinquent. They should be able to report as such on her bureau up until her filing (or discharge, I'm unsure). They are NOT required to remove their lines on her credit report. It's part of her credit history and will be there (along with her bankruptcy) for seven years.
2006-11-14 22:27:32 · answer #2 · answered by nyran20 2 · 0⤊ 0⤋
The lawyer should of notified the creditors included in the bankruptcy and mailed them a copy of the discharge and they should stop bothering your daughter. As for the credit report all accounts from the bankruptcy will remain on the report stating that it was included in the CH 7 for 10 years.
2006-11-14 19:02:51 · answer #3 · answered by TXBLKGRL 3 · 1⤊ 0⤋
All creditors listed in the BK have been advised she has an attorney. All correspondence must go through him/her. Furthermore, the delinquent record should be removed from the credit report...the BK will stay for 10 years. Tell her to send a copy of her BK to the credit reporting agencies...that will help clear things up.
2006-11-14 19:04:04 · answer #4 · answered by BG 3 · 1⤊ 0⤋
If you daughter is getting calls from creditors looking for payment, she can tell them to get lost. Once you are discharged from your payments, you do NOT have to pay a single dime more. If these people threaten your daughter with lawsuits, wage garnishment, etc...your daughter has a legal right to warn them this is illegal and she can sue to stop the harrassing calls. Boy o BOY if a lawyer knew about this, the lawyer can put a QUICK end to these calls.
However, since she filed for Chapter 7, she will show a bad credit rating on her credit sheet for about 10 years. There is nothing she can do to get that removed...it's a part of filing for Bankrupcy.
2006-11-14 18:59:59 · answer #5 · answered by Charlie Bravo 6 · 0⤊ 0⤋
From the experience of a few people I know, the tag follows you forever. It can not be 'held against you' after bankruptcy, however we live in a judgemental world with personal critisisms and so people will react according to their attitudes and disregard what is legally binding.
She can not be knocked back due to bankruptcy but this would be hard to 'prove' otherwise as you are dealing with the people now not the bankrupcy board.
Bankrupcy shows people that one will take the easy way out rather than face their financial obligations. One believes that as long as one is alive they are able to re pay their debts. And the sad fact is this is true. What is also true to confront is what will stop her from ever doing this again and would you yourself lend your companys money or product to someone who is known for baulking responsibility. One can not blame business for turning their back on someone who turned their back on them. Life is one big mirror. What you give out will come back, part of the lessons we learn to grow through.
The only thing that would turn her personal honor around is if she made a conscious choice to make an effort to repay some of the debts she walked away from. This is personal honor and integrity and is up to the owner of the situation that presented itself in the past.
As for future dealings, as I said earlier it can not be held against her, however they can use any excuse and not the bankruptcy one. Our credit report give us creditation. Every one has a right to know who they may be financially dealing with. Bankrupts have forced smaller business's into bankruptcy, it is rife. Why should they be lenient on one if they ever had the chance to rise again?
Your daughter has much to learn and achieve from her errors, she should not be held accountable for them for the rest of her life by others. She is her own best judge, she will need to create this for herself by way of showing others her self integrity and honor. She will win gold stars by applying herself into a direction that will benefit herself and that of those around her. Her past record will dissolve itself as she shows the world she can be the best she can be.
Blessings be yours in light and peace,
Harriett Potty
2006-11-14 19:11:20 · answer #6 · answered by harriettpotty 3 · 0⤊ 2⤋
The only way they can still report her to the credit agencies is if she hasn't returned their merchandise. If she has returned the item belonging to them then they can't do that.
2006-11-14 19:40:50 · answer #7 · answered by Medical and Business Information 5 · 0⤊ 2⤋
As far as I know, it is illegal for them to contact her. She needs to notify her attorney regarding this matter.
2006-11-14 18:57:04 · answer #8 · answered by ? 6 · 0⤊ 0⤋