Legal Question in Bankruptcy in California
Creditors disregard bankruptcy
I filed a chapter 7 BK in 4/97. I have one unsecured creditor that was included in the bankruptcy that continues to report in my credit report their account as being in collections and not included in my BK. When I informed the credit bureau of this, they replied by keeping it on my file and changed the ''date of last activity'' to 2004. This now has allowed it to remain on my credit for many more years. Now both the credit reporting agency and the credit card company refuse to correct it.
What recourse do I have?
2 Answers from Attorneys
Re: Creditors disregard bankruptcy
Not sure.
Re: Creditors disregard bankruptcy
in a nutshell,if the information being published on your credit reports is false, as per your facts given here, both the reporting bureau and credit card company at issue would be tortiously liable for defamation of your character as well as invasion of your privacy (false light). your best recourse here would be to retain legal counsel at least to write a letter on your behalf initially and have your reports cleaned up asap. if you would like such legal assistance from our law firm, email us directly with how you would like to proceed from here.
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