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Non-filing spouse's credit report
They are listing it in attempt to get it paid despite the discharge. It would be best to talk to a FCRA (Fair Credit Reporting Act) lawyer on how to deal with this. Like the FDCPA (Fair Debt Collections Practices Act), the FCRA is fee shifting statute. Unlike the FDCPA, the FCRA requires actual damages.
My limited understanding is that the one of the two statutes requires discharged debts to be listed as "discharged in bk" and nothing else. You should contact an FCRA/FDCPA atty to run it by them. They can be found at the National Association of Consumer Advocates website.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green, Attorneys at Law
1010 E. Union St. Suite 206
Pasadena, CA 91106
Tel: (626) 449-8433
Fax: (626) 449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
I typically don't ask questions but I thought I would try.
I represent a chapter 7 debtor who obtained a discharge.
A credit card (issuing joint credit) has listed the account as delinquent
on the non-filing spouse's credit report (for 30, 60, 90, 120 days
late...).
No statements have been mailed or opportunity to object, pay or otherwise.
It is an asset case (so it will take some time for the trustee to
finalize distributions).
Does the credit reporting as delinquent violate State or Federal Credit
Reporting Law?
Does it violate the Fair Debt Collections Practices Act?
Does it violate the automatic stay, discharge injunction?
Any thoughts are welcome.
Any problem with paying the balance? The balance is about $1,000 so
fighting the matter will cost more than trying to resolve informally if the
credit card company will accept payment and remove the derogatory.
HERE is a twist - There are actually two cases (one an asset case, and one
a no-asset case). The non-asset case was the reporting of a former vehicle
loan/deficiency.) In the second case, we were able to resolve a stay
violation AND entered into mutual releases but it was still being report with
a balance as to the non-filing spouse (notwithstanding the community
discharge and the mutual release).
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
_Canoga Park, California 91303_ (x-apple-data-detectors://2/0)
Tel: _(818) 992-6588_ (tel:(818)%20992-6588)
Fax: _(818) 992-6511_ (tel:(818)%20992-6511)
Email: _ssoesq@aol.com _ (mailto:ssoesq@aol.com) _www.shaioved.com_
(http://www.shaioved.com/)
________________
The information contained in this email is intended only for the
individual or entity named above and may contain attorney privileged and
confidential information. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution, or copy of
this communication is strictly prohibited. If you received this
communication in error, please immediately notify us by the telephone number above and
return any hard copies to us via the postal service. The Law Offices of
Shai Oved is a debt relief agency which helps people file for bankruptcy under
the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by
The State Bar of California Board of Legal Specialization.
I typically don't ask questions but I thought I would try.
I represent a chapter 7 debtor who obtained a discharge.
A credit card (issuing joint credit) has listed the account as
delinquent on the non-filing spouse's credit report (for 30, 60, 90,
120 days late...).
No statements have been mailed or opportunity to object, pay or
otherwise. It is an asset case (so it will take some time for the trustee
to finalize distributions).
Does the credit reporting as delinquent violate State or Federal Credit
Reporting Law?
Does it violate the Fair Debt Collections Practices Act?
Does it violate the automatic stay, discharge injunction?
Any thoughts are welcome.
Any problem with paying the balance? The balance is about $1,000 so
fighting the matter will cost more than trying to resolve informally if thecredit card company will accept payment and remove the derogatory.
HERE is a twist - There are actually two cases (one an asset case, and one
a no-asset case). The non-asset case was the reporting of a former vehicle
loan/deficiency.) In the second case, we were able to resolve a stayviolation AND entered into mutual releases but it was still being report
with a balance as to the non-filing spouse (notwithstanding the community
discharge and the mutual release).
Very
truly yours,Shai OvedThe Law Offices of Shai Oved7445 Topanga Cyn.
Blvd., Suite 220Canoga Park,
California 91303Tel: (818)
992-6588Fax: (818) 992-6511Email:
ssoesq@aol.com
The post was migrated from Yahoo.