Probably because the creditor still wants their money! Unless that creditor did not get notice of bankruptcy, reporting a balance is a very power debt collection tool and a popular tool by the debt collection industry to collect debts previously discharged in bankruptcy. In prior articles, I had written how such acts will subject the creditor to liability. Recently, on January 12, 2009, the Ninth Circuit ruled in Gorman v. Wolpoff & Abramson, LLP, 2009 U.S. App. LEXIS 585 (9th Cir. Cal. Jan. 12, 2009), that California Civil Code 1785.25(a) may also now be used to sue creditors who continue to report incomplete or inaccurate information. No doubt, reporting a balance after discharge without bankruptcy notation is definitely incomplete and inaccurate! Stay tuned, more on this blog to be published soon.
Written by Michael G. Doan– Owner of the Carlsbad Bankruptcy Attorney office, Michael not only manages his business, but is also a highly skilled Southern California Bankruptcy Attorney with over 17 years of experience. He specializes in many fields, such as: insolvency, bankruptcy, consumer rights, debt negotiation, creditor collection abuse, estate planning, contracts, real estate, and tax. Michael is currently concentrating his practice solely in Bankruptcy Law and is a Board Certified Specialist in Consumer Bankruptcy Law by the American Board of Certification, one of only fourteen such attorneys in all of California. Mr. Doan also practices on the cutting edge of bankruptcy law, and was the first attorney in the entire Southern District of California to file the very first Chapter 7 Bankruptcy and very first Chapter 13 Bankruptcy under the new Bankruptcy Laws which went into effect on October 17, 2005.
Do you have questions for an Oceanside Bankruptcy Lawyer? What are you waiting for? Call Doan Law today, we’re here to help!