Salt Lake City, UT asked in Bankruptcy and Collections for Utah

Q: Injunctive Relief for credit reporting accounts that were included in wage earner plan

I had on time payments on all of my accounts even when i filed bankruptcy. Once it was officially filed all 14 accounts were reported as negative marks as being banktruptcy.

When i have previously filed bankruptcy this never happened. One of the accounts is my car loan that I still make monthly payments on straight to the creditor as agreed upon within my bankruptcy and its still reporting as a negative account.

What help or relief can i get to have them remove these negative marks? I would like to get an Injunctive Relief and demand the credit bureaus to remove the negative marks on these 14 accounts.

Related Topics:
1 Lawyer Answer
W. J. Winterstein Jr.
W. J. Winterstein Jr.
  • Bankruptcy Lawyer
  • Boyertown, PA

A: Generally, the credit bureaus just publish comments about your accounts submitted by those creditors who subscribe to any of the credit bureau's service. The credit bureau itself doesn't generate comments about particular accounts, although the bureaus may have picked up your bankruptcy filing in its search of "public records". Unless the entries on your credit reports are inaccurate, I doubt that you can get any court to grant you some form of relief.

The US Supreme Court, last year, handed down an opinion concerning contempt/violations of the automatic stay that greatly damped the bankruptcy courts' tendency to find creditors in violation of the automatic stay, by placing the burden of proof on the debtor to show that the creditor actually intended to violate the stay, not merely that some creditor's particular act appeared to constitute a stay violation. IOW, it's a lot harder now to get relief from the bankruptcy court for violations of the stay.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.