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Asked on May 29, 2015 ,  1 answers Visitors: 4
Do I need a bankruptcy lawyer or are the banks just allowed to keep kicking you while your down for the entire 7 years?
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1 Answers

Anonymous
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Posted on / May 31, 2015 07:55:25

If the debts were properly listed, the creditors failed to file a proof of claim and you received your discharge, the obligation to pay the debts were discharged. However, the liens on the collateral are still there as bankruptcy discharges debts but does not avoid liens unless you take certain actions during the chapter 13 case to have the lien avoided or set aside.

Once the discharge was granted, the debts should then be listed on your credit reports as included in bankruptcy with a $0.00 balance. You need to dispute the debt with the credit bureaus and retain proof that the dispute was made. Once the dispute is filed, the credit bureau contacts the creditor. If the creditor does not respond within 30 days or responds acknowledging your assertions in the dispute are accurate, then the information in the credit report is changed. If the creditor responds and asserts that the information on the report is accurate, then the bureau will keep the information on your report and you have a claim against the creditor under the Fair Credit Reporting Act (FCRA), provided the information in the report is not accurate. It is also possible that you have a claim against the bureau. If the information in your report is changed after the dispute, then your problem is resolved and in most cases, you have no claim.

Many attorneys that handle FCRA claims will handle the case on a contingency fee arrangement and/or with the agreement that the attorney will accept the fees that the creditor and/or the credit bureau is ordered to pay in the FCRA suit against the creditor. Also, most attorneys prefer that a client contact them before the dispute is made so that everything can be done properly.

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