Legal Question in Bankruptcy in Texas
Amendments to an already discharged bankruptcy
My Chapter 7 bankruptcy was discharged in 1991. Recently I went to apply for a loan and was denied because of the many entries on my credit report which I know were supposed to have been included in my bankruptcy. I dug out my bankruptcy papers and these entries are not there in the list of creditors even though I had requested they be. I also heard that some collection agencies will get wind that a person is going to file bankruptcy and purposefully withhold things from my credit record until after the bankruptcy is discharged so I can't declare it. Is this legal and have you heard of this. The way I listed the creditors to be involved in my bankruptcy was I called the collection agencies and asked them to send me a list of creditors they were representing and I used that to create my creditor list. Do you think they could've purposefully not sent a complete list? The creditors they did not send are dated at the same or older than the list of creditors they did send.
2 Answers from Attorneys
Schedules in closed bankruptcy
If no assets were administered by the trusteein your case, it doesn't matter that creditorswere left off, provided you did not do it in bad faith, and provided they do not have fraudor other non-dischargeable claims against you.Simply advise them of the discharge, and askcredit reporting agency to take them off the list.
Using credit agencies, or worse, collectionagencies, to compile your creditor list is dangerous. It sounds like you did this without a lawyer. This is what happens whenpeople try to fool with bankruptcy withoutbeing represented by experienced bankruptcy counsel. Actually, it is often worse. Leave off an asset and you go to jail.
Bankruptcy discharge
If you listed the debts they are discharged, if not they are not. It is your burden to list all of your debts. As to collection companies wthholding information, that is dealt with under the fair credit reporting act. I doubt that that is a violation, even if it is for a devious purpose as credit reporting is voluntary.
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