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Q: Resolving a Bankruptcy Case ( No Answer,   0 Comments )
Question  
Subject: Resolving a Bankruptcy Case
Category: Business and Money > Consulting
Asked by: grampaal-ga
List Price: $100.00
Posted: 19 Oct 2005 15:42 PDT
Expires: 18 Nov 2005 14:42 PST
Question ID: 582318
Resolving a Bankruptcy Case

When I tried to refinance in Aug 03, the credit report showed the
account ?discharged due to bankruptcy of the second party.? The lender
answered in Nov 03 and verified that the account was discharged Feb
02, so I wrote and asked that they refund all payments paid after the
discharge date.  I did not receive a reply, so I wrote again in May
04.  In Jul 04, I received a letter from the lender that said the
account had been transferred.  I wrote again and asked ?how can you
transfer an in Jul 03 when it was discharged in Feb 02.

I corresponded with the new lender by phone and they told me I had to
pay or lose my house. I informed them I could not pay until I got
confirmation from the first lender. They said I would not hear from
the first lender, because they were an affiliate of the second lender.
 I paid the account current from Dec 03 until Sep 04 including all
late charges.

I have the letter from the first lender stating the account was
discharged.  I never heard from the first lender even though there was
a statement attached referring to RESPA stating the first lender must
reply to my written request within 20 business days.  I did not hear
from them again.

The twist to the whole thing, they were not listed as one of the
accounts to be discharged in the bankruptcy. I believe they went
through all of the bankruptcy procedures and discharged the account as
stated in Feb 02. I believe that they somehow illegally reinstated the
account through the second lender in Jul 04. They are listed on my
credit file during the month of Jun 04.

Another strange thing happened, the first lender transferred the
account in Jul 04. The second lender transferred the account in  Nov
04.  It appears that someone is trying to hide something.

In looking at all of this, I believe the account was discharged even
if it was discharged by mistake. I believe they received the benefit
of the discharge, even if it was just a tax write off, because the
period was from
Feb 02 to Jul 04. Since I acted on a written reply from my first
lender and stopped payment, my account was not delinquent from Dec 03
to Sep 04, and my late fees should be reimbursed.

I pulled my credit report in Sep 05 and the first lender is still
listed as ?Discharged.?.  I believe they fraudulently reactivated the
account.  My question is, What civil action can I take to get the
account discharged and be reimbursed for all payments after my
discharge date, including the late fees I should not have been
charged?
Answer  
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