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Banks, bureaus and collectors all flouting bankruptcy laws

Clark has taken about 8 calls over the last several months that he thought were UFO questions with no connection to each other. People have been telling Clark they're getting harassed by collectors over debts that were wiped away when they filed for bankruptcy, or that debts that had been thrown out in bankruptcy court are showing up on credit reports as outstanding. Then Clark read Business Week's recent cover story "Prisoners of Debt" and it all made sense: Certain banks, collection agencies and credit bureaus are working together to undermine existing bankruptcy laws. When you file for Chapter 7, you get a bad mark on your record for 10 years. The tradeoff is that you also get to wipe out any credit card debts clean and clear. You usually first go through an evaluation process to see if you should pay a portion of your debts back under Chapter 13. Today you can only do Chapter 7 if your situation is hopeless.

Business Week discovered that Capital One, Bank of America, Chase and Discover are ignoring these bankruptcy laws -- by accident or on purpose -- and illegally selling debts to collection agencies so they can go after you. This flouts the law of the land, whether you agree with it or not. When a Chase lawyer was questioned by a judge about why they've sold bankrupt debts, the lawyer replied that it happens all the time. The Business Week article says the banks claim this is all an unintentional mistake. But there's a clear pattern here: First the lenders fail to wipe out the debt when you file for bankruptcy. Then they sell it off to collectors and score some cash. Next the collectors try to illegally collect the money. Finally, the credit bureaus act as co-conspirators by listing debts on your report that aren't valid. So if you've filed for bankruptcy and are caught in this vicious circle, contact the banks and bureaus by phone and in writing. Try getting them to update the status of your legally expired debts. If that doesn't work, go back to the bankruptcy court where you filed and talk to the judge.

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What others are saying

  • opt out of credit car offers
    Please tell your listeners to stop credit cards offers from coming to them for LIFE at https://www.optoutprescreen.com/

    Thing of how many trees this will save! Think of how much time this will save--people who get these pre-approved credit card offers talk INCESSANTLY about how many they get -- when they can stop them permanently!
  • CCF AMEX
    in 1990 I filed bankrupcy. Every couple of years (since 2003), I receive anotice to pay from AMEX for the $1200 that was discharged.
  • Chapter 7
    Is there hope for buying another home after filing for Chapter 7?
  • credit card fraud
    An old employee initiated a business credit card line for $25,000. I stopped it and cancelled. They now want me to pay. She has confessed and is being charged. How do I get the credit card people off my back. She made several payments to keep it going. They think I made the payments.
    chester 404 266 0067

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