Legal Question in Bankruptcy in California

Vehicles included in bankruptcy

I filed chap 7 and included a truck but kept paying on it. I ended up haveing to turn it in. They sold the truck now they are reporting me delinquent on the balance. I thought they had to write of the remainder as a bankruptcy loss now that it is unsecured. Can they still keep it open and reporting on me?


Asked on 5/23/08, 1:25 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Vehicles included in bankruptcy

The debt was discharged in your bankruptcy, so continuing to report the debt as deliquent on your credit report is a violation of the discharge order. If you don't have an attorney, contact the National Association of Consumer Bankruptcy Attorneys for a referral. A local bankruptcy attonrey can show you the property steps to take legal action against the creditor.

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Answered on 5/23/08, 1:36 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Vehicles included in bankruptcy

The creditor is in contempt of court and in violation of the Fair Debt Collection Practices Act. You have a lawsuit here. In their defense, the creditor may claim it was never notified of the bankruptcy. So, you may want to start off with a cease and desist letter, and then if the creditor continues to report you, file suit.

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Answered on 5/23/08, 2:41 pm


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