AboutRegan Shinski Expertise I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit reporting.
Experience Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports.
Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry.
I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA).
I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage.
In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.
Education/Credentials BA - University of Minnesota
Question QUESTION: EVEN IF THE CREDITORS CORRECT THE ACCOUNT THAT I DISPUTED CAN I STILL BRING BANKRUPTCY VIOLATION OF AUTOMATIC STAY AGAINST THEM OR ANY OTHER VIOLATIONS THAT HAS OCCURRED?
ANSWER: It's possible. However, if it was a simple error that they corrected, you will likely not win.
A related analogy is this: Say you have an error on your credit report and a late payment is showing when you weren't late. You dispute it or advise the creditor of the error and they fix it in a reasonable amount of time. Technically they violated the Fair Debt Collection Practices Act (FDCPA) by not reporting it correctly. However, you likely wouldn't win in court because they corrected it.
Is that your case here? If so, I don't think you would win. If they delayed, had a pattern of bad or deceptive behavior, or otherwise did not act in a "reasonable" manner you could pursue. There's also the issue of damages. Additional attorney fees, loss of credit, additional court fees, etc. make your case much stronger rather than just going for a statutory penalty.
Good luck,
Regan
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QUESTION: here is the issue i had filed bankruptcy in may 2008, got my discharged papers in august of 2008. I applied for credit in 06/2009, 07/2009 was denied, request for a copy of credit report that's when i noticed that capital one has two accounts one listed included in bankruptcy, the other one with the same account number showing activity 30.60 days past due. I was the second person (co-signor) on an auto loan which is included in on my schedule F of my bankruptcy petition. On my credit report that i received from experian in November was showing included in bankruptcy, now from the same credit bureau it shows activity. Not only that,capital one calls me constantly about the auto loan due to the fact that it is past due. Equifax credit report states included in bankruptcy, but not transunion nor experian. By them reopening the account has brought more damage to my credit score, I know that i just filed bankruptcy and my credit score isn't gonna be perfect but how can i rebuild if capital one auto finance is showing deceptive behavior. By reopening the account I know that they had violated the bankruptcy law.
please give me insight
thanx
Answer If it is as you say, I think it's a fairly egregious violation of the bankruptcy laws. Like I said previously though, your best case is to give them a chance to correct it. If they have been put on notice (Ideally through a credit bureau dispute and direct written communication) and they STILL don't have it fixed, that's a pretty decent-sized error. You also have some apparent damages that may partially be attributed to their mistake in the denial of credit. Additionally, violation of the bankruptcy order is usually taken more severely by creditors and the courts than traditional credit violations.
So if you have put them on notice of their errors through disputes and/or letters, your choice basically comes down to when an if you want to push it further. You can continue through less invasive procedures such as more disputes, letters to the creditor higher-up, complaints to Better Business Bureau, complaints to the attorney general, and related action OR you can push further with intent to sue letters and litigation.
