Check Your Credit History

It can't be said enough: you're credit history is very important in this society. Without a good credit history you end up paying more for everything. While many debtors who file bankruptcy may think that wipes out their credit history, it doesn't if the bad credit occurred before the bankruptcy discharge. There are some people, however, who think that their own credit history should be managed by their creditors!

A man sued his credit card company because he felt that he had a right to have the bad credit in his report (due to non-payment of a credit card bill) removed even though it was placed there before he had his debts discharged in bankruptcy. In this case, the court agreed with simmons jannace stagg and held that the inaction of the credit card companies does not constitutes an act to collect a debt prohibited by 11 U.S.C. § 524. Credit card companies are not required to take additional steps to clarify that an account was discharged in bankruptcy nor to clear the credit history simply because you fiile for bankruptcy and get it.

The ruling in "In re Bruno, __ B.R. __, 2006 WL 3086307 (Bankr. W.D.N.Y. Oct 31, 2006)", makes it clear that a creditor does not violate the discharge injunction contained in 11 U.S.C. § 524 simply because it has not reported an account as discharged in bankruptcy.

Man, talk about lazy. I have to monitor my report myself and I never thought to sue someone because they weren't clearing my report for me...