QUESTION

What do I do if my bankruptcy was discharged in September 2013 but a debt collector still lists my accounts with them as open accounts?

Asked on Apr 06th, 2016 on Bankruptcy - Kentucky
More details to this question:
I have written twice and asked them to change them, but never heard back. What is my next step in getting this resolved? I am trying to repair my credit and start over but I am not getting far with this company.
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3 ANSWERS

Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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The Fair Credit Reporting Act requires you to contact the credit bureaus to correct misinformation on your credit reports before you have any right to take legal action. It is a waste of time to expect the creditor to assist you.
Answered on May 10th, 2016 at 5:53 PM

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The debt collector is violating the injunction which accompanies your discharge: see 11 U.S.C. sec. 524. Seeking to collect a discharged debt will usually be held to be a contempt of court. Write the collector (if you can) one polite but firm note identifying yourself, your BR case, the federal district it was in, and the date of your discharge. Tell him that unless he confirms to you that he will cease all such efforts, you will reopen your BR case and seek a contempt. Then if he does not confirm he will lay off do it.
Answered on May 10th, 2016 at 5:52 PM

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Real Estate Attorney serving Florence, KY at Linda S. Novakov & Associates, PLLC
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Either have your attorney who represented you in the bankruptcy call and explain the discharge to them; or contact the Bankruptcy Trustee's office and ask if there are any remedies against a creditor in your jurisdiction who continues to harass you for payment of a discharged debt. Before making the calls, make sure this creditor was included in your bankruptcy petition.
Answered on May 10th, 2016 at 9:50 AM

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