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I filed bankruptcy but the credit card company is still reporting. what can I do? |
I filed bankruptcy but the credit card company is still reporting. what can I do? OOOOo are you going to be excited!!! First off, if the cc account is included in your bankruptcy, the cc co has just violated the US bankruptcy code. When you file (the day you file) bankruptcy a stay of execution and collection goes into effect. If a debt collector of a creditor contacts you about the debt incurred prior to the bankruptcy, (those called included) after you filled. They are in violation fo the stay. Now they are reporting it to your credit which deemed by the (FDCPA- Fair Debt Collection Practice Act) is considered a debt collection activity. You can sue the crap out of them ( as a company & the perosn listing it, or responisble for listing it) for violating the stay. Call your attorney and tell him, he will pull your c/r and use it as proof. You can sue them for a lot of money (several thousands. For violation of the stay of execution and collection persuant to secion 803 of the US bankruptcy code. Tell your attorney asap!! The cannot legally do this and are responsible for damages incurred by a direct result of them continuing to report it i.e. Pain and suffering and mental distress, adn fincial trouble ect. -Good luck Source(s): -I work for a collection agency and am directly involed wiht compliance of the stay. If I didn't care, i wouldn't have told you. wait 7 years Tell them to KISS OFF! there is nothing you can do or the credit card company can do to you... now look at the bright side since things cant get any worse... they can only get better... wait for 7 years... that's when the time period of the amt u owe the credit card ppl expire... a pretty long time though but aft the 7 years, they cant do anything to u... Unfortunately, tsy_fish is right. Depending on what type of bankruptcy you filed, you may be able to lesson the impact. If the debt was discharged through chapter 13 then have it noted on your credit history that it's paid off. The thing that kills you is the bankruptcy report, and that stays for 7 years. Just be patient, rebuild your finances, and work at building your credit up again. It can be done. Below is an article I came across that I think will help you. The part below fits a lot of situations. A very large percentage of people with a Chapter 13 "plan" fail, because they did not understand what they were getting into when they filed. It's a drastic change in their lifestyle, and many people can't handle it. "What I tell clients before they file: 'You'll feel wonderful when you file,'" says Weil. "'You're dealing with a problem that's been beating you up for so long. This lasts up to six months. Somewhere on the back end -- 30 months out -- you can see the light at the end of the tunnel. And at the end you feel fantastic. But what I find is that somewhere in the middle there is going to just be a horrible point. [You feel] I can't do this anymore.'" http://credit.about.com/gi/dynamic/offsi... |
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