Got My Final Discharge

[Clipper965]

In Florida:

I got my Final Discharge from the court but it was a simple 2 page document. I was always under the impression this would be a massive amount of documents including a Discharge of Debtor form that lists all the creditors. My Discharge of Debtor only says


DISCHARGE OF DEBTOR

It appearing that the debtor is entitled to a discharge,

<B>IT IS ORDERED</B>

The debtor is granted a general discharge under section 727 of title 1, United States Code, (The Bankruptcy Code).



Lists nothing else other than the judge's name. I need to make sure all the debts I listed are discharges. I filed Pro Se and Im expecting renegade x creditors to start trying to collect on discharged debts and need to have something to send them to leave me alone.

 

[nervousnellie]

Congratulations on your discharge!

 

[sroutlaw]

Wait about six weeks then contact a credit reporting bureau to get your credit report. It should show the debts discharged in bk. Go from there.

 

[bigun]

Not only does it violate the bk code to try and collect on discharged debts but, it violates the Fair Debt Collections Practices Act. If someone is stupid enough to try they'll owe you money. Here is a snippet from a lawsuit over this issue.


Attempting to Collect Debt Discharged in Bankruptcy May Violate FDCPA

Description Court refused to dismiss a suit brought by a debtor whose debts had been discharged in bankruptcy. A bank bought a discharged debt and attempted to collect the debt. That may be a violation of both the Fair Debt Collection Practices Act and the Bankruptcy Code.

Topic Consumer Protection
Key Words Fair Debt Collection Practices Act; Bankruptcy; Discharged Debt
C A S E S U M M A R Y
Facts Wagner filed Chapter 7 bankruptcy and received a discharge of her debts in 1997. Among the debts discharged was a note secured by a mortgage of real property. After the discharge, the note and mortgage were assigned to Ocwen, which is in the business of buying and collecting defaulted debts. Ocwen attempted to collect the discharged debt from Wagner. She sued, claiming violation of the Fair Debt Collection Practices Act for attempting to collect money from her that she did not owe. Ocwen moved to have the claim dismissed, contending that her only remedy would be under the Bankruptcy Code.
Decision Motion denied. Since Wagner's debts had been discharged, she was not a debtor to Ocwen, who attempted to collect money from her. Ocwen's claim that only the Bankruptcy Code, but not the Fair Debt Collection Practices Act, could apply is incorrect. Both laws can be violated at the same time. Ocwen could be found in contempt of the Bankruptcy Code and in violation of the FDCPA. "Wagner's FDCPA claim, at its foundation, is no different from that of any other debtor who is dunned by a creditor who in fact is not owed any money; the fact that her debt was discharged in bankruptcy does not logically differentiate her case from that of a debtor whose debt was discharged in some other way."
Citation Wagner v. Ocwen Federal Bank, FSB, 2000 WL 1382222 (N.D. Ill., 2000)

Stand your ground if this happens. Also, a little hint OPTOUT . This will keep CRA's from selling your info to any scum debt collector who is trolling looking for anyone who has old debts.

Opt out of pre-approved offers of credit: (1-888-567-8688)
The Big 3 Credit Bureaus now use the same telephone number--
(1-888-567-8688) or 1-888-5-OPTOUT. If you call one, you are opting-out with all

A situation you're wary of did surface on Creditboards last month. A lady had a bk discharged in 1992 and was qualifying for a mortage {the bk wasn't even showing} and a ca put a chargeoff from 1989 that was discharge in bk on her reports. We hooked her up with a lawyer and she'll likely be buying a much nicer house

 

[Clipper965]

Thanx

Im pretty well versed in the laws but as you know filing PRO SE often is liking throwing a red cape in front of a bull. Someone told me the world of collection agencies is divided into 2 groups.


1. Large national organizations that obey the law.


2. Micro enterprises often run by Willy Loman style Entrepenaurs. Whose corporate office is a P.O. Box and whose transportation is usually a beat up old luxury car. They often bend the law thinking they can get away with it because they think the person who filed PRO SE is ignorant of the law.


I once had a cease & desist letter I used to send to collection agencies that quoted the statues that told them their services were no longer needed . I guess I will have to hunt around for one for this situation and have it ready just in case.

T\

 

[Ladynred]

Being a large national organization in the world of collections doesn't mean they obey they laws. In my personal experience, and in reading the experiences of many others, these large firms are just as likely to break the law, maybe more, because they are so large they think they can get away with it !!

Sherman Acquisitions, NCO, Asset Acceptance, to name a few, are ALL horrid the way they break the law. Their phone drones routinely make illegal threats, abuse and harrass people. ASS-et has a nasty habit of suing on time-barred debts.

IMO - they're ALL bad - until they prove themselves otherwise - and those that DO obey the laws are a very small minority.

And that guy in the beat up old cadillac - is probably wearing an orange plaid jacket with white shoes and a white plastic belt !! LOL

 

[Clipper965]

What should I do if this happens to me. Those names sound familiar. I recall the Sears case back in 1997 and how sneaky they were