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Blogs by William Manchee
Consumers Suffer Grievous Injury When Creditors Improperly Report Their Credit after Bankruptcy 5/3/2012 5:32:14 PM Creditors often fail or refuse to report to the credit bureaus that their debts have been discharged in bankruptcy. This is illegal and causes consumers great mental anguish when they are declined credit or have to pay higher interest rates. It is important to review your credit reports after bankruptcy and take legal action if your creditors are refusing to obey the law.
Creditors have a difficult time properly reporting a chapter 7 bankruptcy to the credit bureaus. Whether it’s anger or resentment over having to write off the debt, ignorance or incompetence is anybody’s guess. The proper reporting of a discharged debt is to report the account as "closed," the balance at "zero" and some mention of the bankruptcy. Sometimes it is shown as "included in bankruptcy" or "chapter 7 bankruptcy." Rarely do creditors state that the debt has been "discharged in bankruptcy" even though that would be the most accurate way to report it. The fact is creditors are vindictive and if there is anyway to legally hurt a consumer coming out of bankruptcy, they’ll do it. So, it is important for consumers to review their credit reports three or four months after discharge to be sure the chapter 7 debt has been properly reported.
It is even worse with a Chapter 13. A lot of creditors don’t understand how a chapter 13 works and they tend to either treat it like a Chapter 7 or they just freeze the account and quit reporting it because they know they will eventually be paid all or a portion of their debt. The proper way to report the debt is to show the account as "Open,"state that it is included in a "Chapter 13 bankruptcy and report any changes that occur if payments are made by the Chapter 13 Trustee. But, rarely do creditors properly report a chapter 13 bankruptcy to a credit bureau and when the discharge order is finally signed three to five years later, its often ignored.
There is a lot of chapter 13 debt that is sold to debt buyers and by the time the debt is discharged it may have changed hands several times and the odds of the holder of the debt getting notice of the discharge is slim. So, long after the bankruptcy was filed it is common for consumers to suddenly get phone calls and letters trying to collect a discharged debt. Or, the consumer will have credit denied and discover it was because debts that were discharged in bankruptcy have suddenly appeared on his credit report.
Our firm offers a free discharge compliance review including an examination of your credit report. For more information check out our website at http://mancheelawfirm.com. You have nothing to lose but your bad credit.
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More Blogs by William Manchee Why Many Intelligent and Talented People Fail in Business - Monday, May 07, 2012 Getting the Mail Can Be Risky Business - Friday, May 04, 2012 Consumers Suffer Grievous Injury When Creditors Improperly Report Their Credit after Bankruptcy - Thursday, May 03, 2012 The Effect of Print on Demand to the Small Press Author - Monday, July 04, 2011 Nine-Eleven's Impact on the Small Press Author - Sunday, July 03, 2011 Has Your Mortgage Company Ripped You Off? - Saturday, August 07, 2010 Wrongful Foreclosure - Tuesday, February 16, 2010 Don't Throw Away The Evidence - Friday, January 15, 2010 Brandy - Saturday, October 17, 2009 Why I Write in Different Genres - Wednesday, August 12, 2009 Cash for Clunkers Bad Idea for Many Consumers - Monday, August 03, 2009 Beware of Debt Negotiators - Tuesday, May 05, 2009 Top Ten Reviewers - Tuesday, April 28, 2009 Debt Collector Put Out of Business In Texas - Sunday, April 26, 2009 Defending the Small Business - Part 23 - Changing Your Ways - Tuesday, April 07, 2009 What Every Bankruptcy Filer Should Know - Part 3 - Will Filing Bankruptcy Ruin Your Credit? - Thursday, March 19, 2009 Defending the Small Business - Part 22 - Bookkeeping and Accounting - Wednesday, March 11, 2009 Chill, It's No Big Deal - Sunday, March 01, 2009 What All Bankruptcy Filers Should Know - Part 2 - Wednesday, February 25, 2009 Defending the Small Business - Part 21 Form of Business - Thursday, February 19, 2009 What Every Bankruptcy Filer Should Know - Saturday, January 31, 2009 Defending the Small Business - Part 20, Getting an Attorney - Sunday, January 25, 2009 Defending the Small Business - Part 19 - Employees, Double Trouble - Sunday, January 11, 2009 Defending the Small Business Under Siege - Part 18, Loan Consolidations & Workouts - Sunday, January 04, 2009 Defending the Small Business: Part 17 - Bankruptcy: Friend or Foe? - Monday, December 29, 2008 Tarizon: The Liberator Launch Update - Friday, December 26, 2008 Defending the Small Business - Part 16 - When the Constable Knocks - Friday, December 05, 2008 Defending the Small Business - Part 15 - State & Local Taxes - Saturday, November 22, 2008 Defending the Small Business - Part 14 - Dealing With IRS Collections - Wednesday, November 12, 2008 Defending the Small Business - Part 13 - Uncle Sam, The Sleeping Giant - Thursday, November 06, 2008 Defending the Small Business - Part 12 It's Not As Bad As It Looks - Monday, November 03, 2008 Defending the Small Business - Part 11. Misfortune - Tuesday, October 28, 2008 Defending the Small Business: Part 10. Competition - Thursday, October 23, 2008 Defending the Small Business. Part 9. Theft & Embezzlement - Monday, October 20, 2008 Defending the Small Business - Part 8. Greedy Lenders - Sunday, October 19, 2008 7 - Defending The Small Business: The Credit Conspiracy - Saturday, October 18, 2008 6 - Defending the Small Business - Giving it away. - Thursday, October 16, 2008 5. Defending the Small Business: Starting on A Shoe String - Wednesday, October 15, 2008 4. Defending the Small Business: Suffocation - Tuesday, October 14, 2008 3 - Defending the Small Business: Looting - Monday, October 13, 2008 Understanding the Current Economic Meltdown - Saturday, October 11, 2008 2 - Defending the Small Business - Doomed From Day One - Saturday, October 11, 2008 1 - Defending the Small Business: Introduction - Friday, October 10, 2008 The Stan Turner Mysteries - Sunday, March 25, 2007
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