Legal Question in Bankruptcy in California

Are creditors allowed to Charge-off your account 6 years after it has been disch

I filed for bankruptcy in 1994. All my creditors were included and all debt was discharged at that time. On 11/29/99 the US Bankruptcy Court issued a Discharge of Debtor notice.

I recently applied for a car loan and was turned down. A check check with TRW revealed that 2 of the creditors on the original bankruptcy documents had decided to charge-off the debt as bad on 6/99.

An old TRW from April 1996 showed these 2 creditors as being discharged through bankruptcy and a debt of $0.00.

Can these companies do this, even though the debt was discharged in 6/94? What can I do to fix this situation?


Asked on 8/16/99, 4:36 pm

2 Answers from Attorneys
Marcus G. Tiggs Slate and Leoni, A Professional Corp

Re: Are creditors allowed to Charge-off your account 6 years after it has been d

Under the Consumer Credit Protection Act, if these debts were included in your bankruptcy case, you may be able to dispute the Charge Off entry. Generally, the credit reporting agency will want to see a copy of your notice of commencement, copy of pertinent schedule showing the creditor(s) was listed, and of course your discharge.

Best of luck

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Answered on 8/20/99, 2:10 am
Mark Markus Law Office of Mark J. Markus

Re: Are creditors allowed to Charge-off your account 6 years after it has been d

I'm not sure of the answer to your question, but I think the real question is, why does it matter? The bankruptcy will be on your record for 10 years, so I'm not sure how the charge-off affects anything? If it does, then a simple written explanation on the credit report (that the debt was discharged in bankruptcy) should solve the problem.

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Answered on 8/19/99, 4:11 pm


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