Greetings --
First let me state: I AM NOT AN ATTORNEY. I am simply providing you
with information on this topic garnered from reputable sites on the
Internet.
That said, it would appear that the creditors you mention should no
longer be attempting to collect a debt after your Chapter 13
bankruptcy, contingent on their having been aware of the bankruptcy
proceedings. You should advise them, in writing, of your Chapter 13
bankruptcy and that, therefore, their claims have been discharged and
ask that they cease collection efforts. You should, at the same time,
write to credit reporting agencies asking that these entries be
removed from your credit report.
This citation appears to establish the status of these debts:
http://www4.law.cornell.edu/uscode/11/1327.html
TITLE 11 > CHAPTER 13 > SUBCHAPTER II > Sec. 1327.
Sec. 1327. - Effect of confirmation
(a) The provisions of a confirmed plan bind the debtor and each
creditor, whether or not the claim of such creditor is provided for by
the plan, and whether or not such creditor has objected to, has
accepted, or has rejected the plan.
This information describes the restraints on a debtor after your
bankruptcy.
http://www.ag.state.mn.us/consumer/finance/CreditHnbk/CreditHnbk_3.htm#Chapter
Once you file, a creditor cannot take further action against you
unless the creditor has permission from the bankruptcy court.
3. When you file for bankruptcy, the automatic stay goes into effect.
This stops creditors from trying to collect the debts you owe.
7. Unsecured creditors who have claims against you must file their
claims with the court within 90 days after the first date set for the
meeting of creditors. If an unsecured creditor fails to file, they may
not do so later.
10. You are entitled to a discharge when you successfully complete
your plan.
The following debts cannot be discharged in either a Chapter 7 or a
Chapter 13 bankruptcy case. If you file Chapter 7, these debts will
remain after your case is over. If you file Chapter 13, these debts
will either be paid in full during your plan, or the balance will
remain at the end of your case. Nondischargeable debts include:
• Unlisted debts, unless the creditor had knowledge of your bankruptcy
filing.
**This would seem to be key to the status of the debts you
mention.****
General information about Debt Collectors
The federal Fair Debt Collection Practices Act and state laws govern
the practices of debt collectors. These laws give you protections.
Some of the rules that may pertain to your situation:
• Collectors must stop contacting you if you ask in writing.
• Collectors may not threaten you with legal action they do not intend
to take.
• Collectors cannot garnish your wages or seize your property unless
they have sued you and won a judgment.
Within five days of the collector's first call or letter to you, the
collector must send you written notice. This notice details the amount
of your debt, the name of the company you owe, and that the agency
will assume the information they have is correct unless you disagree
within 30 days.
If you disagree with the collection agency, you must send the agency a
letter within 30 days. If you send a letter, the agency must stop
trying to collect the debt until it sends you proof that you owe the
debt.
You have the right to stop all collection attempts, at home or at
work. Inform the collection agency in writing that you no longer wish
to be contacted. Once you do that, the agency can only contact you to
tell you that it is discontinuing its collection efforts, or that it
is going to take some other action, such as suing you, to recover the
debt.
If you are the victim of illegal collection agency tactics, you can
sue the collection agency to recover actual damages plus punitive
damages. You may also recover attorney's fees if you are successful in
your suit against the collection agency.
• If you contest the accuracy or completeness of your credit report,
you should file a dispute with the credit reporting agency and with
the creditor that provided the information. Both the credit bureau and
the company providing the data are required to reinvestigate your
complaint.
• You have a right to add a brief explanation to your credit report if
the dispute is not resolved to your satisfaction.
------------------------------
Correcting Your Credit Report
If you find any factual mistakes or out-of-date information in any of
your credit reports, you should contact the credit bureau
immediately, in writing, using certified mail with a return receipt
requested to show when you sent the letter and when it was received.
Under the Fair Credit Reporting Act, the credit bureau must
investigate your dispute within 30 days. Once the agency receives your
inquiry, it will check with the creditor whose information you are
questioning. You should receive a written notice telling you the
results of the examination within five days of its completion, as well
as a copy of your corrected credit report if it has been changed
because of your complaint. If you win your case, the creditor is
required to notify the other credit agencies so they can correct their
records.
Contacting the credit bureaus
Equifax
Equifax Credit Information Services, Inc
P.O. Box 740241
Atlanta, GA 30374
1-888-766-0008
Web site: www.equifax.com
Experian (formerly TRW)
National Consumer Assistance Center
PO Box 2002
Allen, TX 75013
1-888-397-3742
Web site: www.experian.com
TransUnion LLC
Consumer Disclosure Center
P.O. Box 1000
Chester, PA 19022
1-800-888-4213
Web site: www.tuc.com
Search Strategy: chapter 13 bankruptcy; chapter 13 credit report;
bankruptcy unsecured debt
Nellie Bly |
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