Legal Question in Bankruptcy in Colorado

Repo in Chapter 7 Forgotten About By Bank

After filing bankruptcy 2 years ago, I received a letter in the mail from a bank that I had previously financed a car with. The letter stated that I owe them something around $2300 for past due payments on the car and they would take further legal action to retrieve their money if I didn't pay it. I called them and asked them and they wanted to know why I hadn't paid them anything since the bankruptcy. I reminded them that they repossessed the car in the bankruptcy and they could do nothing to get money for the car. They had no record of it being repossessed. They were however satisfied with me reminding them that they had. The problem here is that I am sure they have been reporting to the credit agencies that I have not been making payments on that loan when there was no more loan to make payments on. Do you know what I can do to get that information off of the bureaus' records? I have been doing all I can to rebuild and have been able to finance my current car (at 23% interest) but if that information isn't there I'm sure things will go much easier in the future. Any help will be greatly appreciated and thank you in advance!


Asked on 7/12/99, 3:37 pm

1 Answer from Attorneys

Susan Freiman The Legal Clinic

Re: Repo in Chapter 7 Forgotten About By Bank

THere are federal and state laws governing fair credit reporting practices. For information about federal laws, check with the Federal Trade Commission. There is probably also a state office which can guide you.

Ask a librarian to help you find further information. If you cannot afford a lawyer, ask Legal Aid for help; most bar associations also have panels of lawyers willing to work for reduced fees.

Good luck!

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Answered on 7/25/99, 8:20 pm


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