After you’ve successfully filed for bankruptcy and received a bankruptcy discharge, all of your creditors must report only a “0” balance on your credit report. If they fail to do so, it could be a violation of the Bankruptcy Code, the Fair Credit Reporting Act and the NJ Consumer Fraud Act.
Bankruptcy Discharge Violations
- After Discharge, some companies report the discharged debts as due and owing on credit reports. You may only learn about this when you are trying to buy, sell, or refinance a vehicle or a home. The creditors are hoping that they catch you in a situation where you have to pay them.
- There are companies called debt buyers that purchase debts that were discharged in bankruptcy, and then they try to collect the discharged debt. You should be aware that it is illegal for anyone to try to collect a debt that has been discharged.
If your credit report shows significant Discharge Violations, we may offer to represent you on a contingency basis and seek an order from the Bankruptcy Court finding the creditor in contempt of Court, and requiring the creditor to pay damages to you.
How Do I Get My Credit Report?
There are several services available, both free and paid, that allow you to check your credit report regularly. There are three prominent credit reporting agencies: Equifax, TransUnion, and Experian. Under the Fair Credit Reporting Act, these three companies are required by law to give you a copy of your credit report once per year for free. You can request these free reports at www.annualcreditreport.com.
Also, you are allowed to get a free copy of your credit report if any adverse action is taken against you, such as being denied a job or credit because of information on the report. You must request the report within 60 days of the action.
Contact us today if you think that a Creditor is seeking to collect a debt that was included in your bankruptcy, or if you think your credit report contains a debt that was included in your bankruptcy.
