Legal Question in Bankruptcy in Michigan
Attempting to collect a debt after bankruptcy.
My wife and I filed chapter 7 bankruptcy in 1991. Now, after 12 years, debts that were covered under the bankruptcy are starting to show up on our credit record as unpaid. We even received a collection notice today from a collection agency demanding payment in full for one of these creditors. What can I do? Is this against the law?
1 Answer from Attorneys
Re: Attempting to collect a debt after bankruptcy.
There are a couple of things you can do. You can either contact the attorney who represented you in your bankruptcy; or obtain a copy of your bankruptcy petition from the court where you filed.
Go to http://www.lawyerassistant.com/directory/find_your_bankruptcy_court.html and click on your state. Locate the county where you lived with you filed the bankruptcy in 1992; contact the court by phone and ask them the procedures for obtaining a copy of your petition. It will probably be in the "archive" because it is 12 years old. But the court should be able to provide you with an address of where to obtain a copy of your bankruptcy.
After obtaining a copy of your bankruptcy petition, find the creditor(s) listed in your petition that are reporting debts on your credit report. Make a copy of the page containing their name and contact the Credit Bureau's dispute department. They will either have you fill out a form or fax them the proof that the debt has been discharged.
It is illegal for any creditor to report a discharged debt to the credit bureau. So hang in there and follow-through with this. It may take a few months to straighten this out, but you are in the right. I wish you the best of success!
http://www.jaymaynard.com/
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