Margate, FL asked in Bankruptcy for Florida

Q: Hi

#1. My Chapter 13 was discharged today. I knew it was coming up so I just happened to check my credit report and turns out 1 creditor continued to report that account delinquent for 41 months. They were put on notice when I filed so they were aware. Will filing a FDCPA claim be worth it?

#2. I understand it’s my job to monitor my report and I did....but not the entire BR. Here’s why. I actually checked my report in 2018, 4 months into the BR and that’s when I caught it initially. Because they were still reporting it delinquent. I ask my BR attorney to confirm that this creditor did indeed receive my BR notice. She did and so I assumed it was taken care of. I didn’t check it again until, as I stated above, the other day and sure enough, they didn’t stop and reported it for 41 months.

So, again, is that a clear violation per the BR code and is it worth pursuing? Lastly...isn’t this something my BR attorney should have red flagged and put a stop to? Chapter 13 + 41 delinquent months???

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1 Lawyer Answer
Cristina M. Lipan
Cristina M. Lipan
  • Bankruptcy Lawyer
  • Wantagh, NY

A: A bankruptcy attorney would not monitor your credit report. If they were listed as a creditor, the court would have sent notice of the bankruptcy. Your attorney confirmed that they were noticed. This probably happened because the bankruptcy notice was not processed properly by the creditor. Speak to your bankruptcy attorney, perhaps they can help you with the claim.

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