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Charged off as bad debt Profit and loss write-off now showing on my credit report. Can they do this?
Anonymous5 views2 answers
I filed chapter 7 bankruptcy back in 2003. It was discharged. I never reaffirmed the loan. We lived in the doublewide on family property until about 2 years ago. We decided to move and let it go back to the bank. The bank of course is saying we are responsible for the debt. I have asked about that on here before and was told we are not responsible for the debt. I had the bankruptcy on my credit for over 7 years. Now I'm seeing Charged off as bad debt Profit and loss write-off and Collection/Charge off on my credit report and it is bringing down my credit score. Can they do this even though I'm supposed to be free of the debt? All the info on the web I have found about charge off says I'm still responsible for the debt and they can still come after me for the money. Thanks for any help.
The short answer to your question is NO, they cannot do that.
The debt was discharged.
They appear to have reaged and reinserted the debt onto your credit report, falsely.
A charge-off, if it were true, would not affect the validity of the debt. But the charge-off is FALSE.
You should contact a lawyer near you who practices credit reporting law.
In the mean time, here is some reading for you.
http://www.krumbeinlaw.com/howto-fix-false-credit-file/
http://www.krumbeinlaw.com/what-is-false-information-for-a-credit-report/
http://www.krumbeinlaw.com/bankruptcy-myths-busted/
No, they can't do that. They are violating the bankruptcy discharge; and setting themselves (and the credit bureau) up for a Fair Credit Reporting violation.
(There's an article about this kind of think in the New York Times--today! I've attached the link.)
I'm pretty sure there aren't any Fair Credit Reporting Act lawyers near you. You should talk to your bankruptcy lawyer about this and see if he is willing to go after them.
In past years, the bankruptcy judges out in the mountains would be more likely than the ones here to slam a creditor HARD for doing that kind of thing. (It might make a difference whether its a local bank, or somebody like Greentree.)
Try your bankruptcy lawyer first. Then maybe search for a Fair Credit Reporting Act lawyer in Roanoke or Bristol.
