What if a discharged debt appears on my Credit Report after my Florida Bankruptcy?
Many times creditors make mistakes and misreport items on credit reports. If a debt was discharged in a banIkruptcy, the balance on the credit report should be zero. If the creditor reports anything but zero, the former debtor should try notifying the creditor of the mistake.
The former debtor should document everytime he or she tried contacting the creditor including who answered the phone call and what was said. If the creditor continues to misreport items, the debtor should notify an attorney and seek legal advice as to whether or not there is merit to a claim.
The attorney could reopen the bankruptcy case and file an adversary proceeding alleging the discharge injunction/automatic stay has been violated. There may be an opportunity for the debtor to recover monetary damages.
If you have questions about Florida Divorces or Bankruptcy Law contact a Florida Attorney
Greg Gilbert
Keith Maynard