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socrateaser, Attorney
Category: Bankruptcy Law
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Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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i filed bankruptcy and it was discharged in 2007, chpt 7.

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i filed bankruptcy and it was discharged in 2007, chpt 7. GMAC, car loan will not report a zero balance even though I have aletter from them saying they got the car back and as long as it was included in bankruptcy I would have a zero balance. I called them and they said they will continue to report a balance due. What can I do?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 1 year ago.
Hello,

The law here is somewhat "thin." However, in the case of In re Torres, 367 B.R. 478 (NY BANKR SD 5/3/2007), the U.S. Bankruptcy Court for the Southern District of NY ruled that a creditor's failure to update information previously supplied to credit reporting agencies could constitute act to extract payment of debts, in violation of discharge injunction, even if Fair Credit Reporting Act (FCRA) did not require creditor to correct information, and no additional collection activity was undertaken, where information currently on file with agencies indicated that discharged debts were current liabilities. 11 U.S.C.A. § 524(a)(2); Fair Credit Reporting Act, § 623(a), 15 U.S.C.A. § 1681s–2(a).

Assuming that the Indiana Bankruptcy court would concur with this NY ruling, if you have provided written notice to the creditor and to the credit reporting agencies (www.equifax.com; www.experian.com; www.transunion.com) that the reported debt was discharged in bankruptcy, and the information in the credit report has not been updated, then you would have grounds to file a motion for contempt with the bankruptcy court to force compliance, pay your actual damages, if any, caused by the incorrect report information, and to pay your attorney's fees and costs of suit.

Alternatively, you could sue the creditor and each of the three credit reporting agencies directly under the Fair Credit Reporting Act (FCRA), which provides for a $1,000 civil damage award for each willful violation by a creditor or agency. However, the bankruptcy court action would be easier and faster, and you could potentially use the FCRA authority as a means of convincing the bankruptcy court to levy the same civil damage award (which would be $4,000 in the aggregate, if you sue everyone simultaneously [or, actual damages if you can prove any -- hard to do] -- plus your attorney's fees and costs of suit).

For a bankruptcy attorney referral, see this link.

Hope this helps.
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34677
Experience: Attorney and Real Estate Broker -- Retired (mostly)
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socrateaser
socrateaser
Bankruptcy Lawyer
34677 Satisfied Customers
Attorney and Real Estate Broker -- Retired (mostly)