AverageJoe007
New Member
In 2005, just before the new bankruptcy regulations went into effect, I filed bankruptcy in Oregon. I had made efforts to repay my debts but an unexpected and lengthy period of unemployment put me in a bad position and I had no prospects of reemployment at that time, and the creditors were being unsympathetic. Knowing the laws were going to change soon on bankruptcy, I had to make a choice. So I filed for Chapter 7 bankruptcy.
During the process I asked my attorney what would happen if we somehow missed a creditor on the bankruptcy filing (as there were many and there was a lot going on in my life at that time, so it was possible I might forget one). My attorney told me that, since I was filing a "no asset" bankruptcy, that if a creditor got missed and later tried to continue collecting or reporting me, all I would have to do is inform them of the "no asset" bankruptcy and they would be legally required to stop further derogatory reporting or collection actions.
Well, just such a situation has developed and is damaging my credit report. In the time since the bankruptcy I have rebuilt my credit and have gotten a good job, and I scrupulously pay my bills a bit early and I pay more than the minimum payments. But there is one collection agency "pinging" my credit report every few months or so. I have written two letters to this collection agency outlining what my bankruptcy attorney told me, but have gotten no reply in 3 months. My attorney moved away a year ago and I don't know where she went. I've checked yellow page listings on the internet and haven't found her, so I don't think she's even practicing anymore. Probably retired.
So, what should my next steps be?
Sincerely,
Average Joe
During the process I asked my attorney what would happen if we somehow missed a creditor on the bankruptcy filing (as there were many and there was a lot going on in my life at that time, so it was possible I might forget one). My attorney told me that, since I was filing a "no asset" bankruptcy, that if a creditor got missed and later tried to continue collecting or reporting me, all I would have to do is inform them of the "no asset" bankruptcy and they would be legally required to stop further derogatory reporting or collection actions.
Well, just such a situation has developed and is damaging my credit report. In the time since the bankruptcy I have rebuilt my credit and have gotten a good job, and I scrupulously pay my bills a bit early and I pay more than the minimum payments. But there is one collection agency "pinging" my credit report every few months or so. I have written two letters to this collection agency outlining what my bankruptcy attorney told me, but have gotten no reply in 3 months. My attorney moved away a year ago and I don't know where she went. I've checked yellow page listings on the internet and haven't found her, so I don't think she's even practicing anymore. Probably retired.
So, what should my next steps be?
Sincerely,
Average Joe
