Know your rights
Common Post-Discharge Reporting Errors
A debt discharged in bankruptcy generally should not continue to be reported as a current collectible balance owed by the discharged debtor.
A $0 balance and an appropriate status, such as "discharged" or "included in bankruptcy," may help accurately reflect the discharge.
The precise reporting obligations depend on the debt, discharge, account history, and other circumstances.
| Common Error | What the Law May Require |
|---|---|
| Discharged account still shows a balance or past-due amount | The Fair Credit Reporting Act imposes accuracy and dispute-investigation duties on covered entities. Reporting used to pressure payment may also implicate the bankruptcy discharge injunction. |
| Account shown as charged off or in collection without accurately reflecting discharge | Depending on the full reporting context, the Fair Credit Reporting Act may apply. Collection-related reporting may also raise discharge-injunction questions. |
| Discharged debt sold to and collected by a debt buyer | Collection activity may implicate the Fair Debt Collection Practices Act, the Florida Consumer Collection Practices Act, or the bankruptcy discharge injunction. |
| Bills, statements, or calls concerning a discharged debt | Efforts to collect discharged personal liability may violate the discharge injunction or applicable debt collection laws. |
| Discharged private student loan returned to collection | If the particular loan was legally discharged, collection activity may implicate applicable bankruptcy and consumer protection laws. Not every private student loan is automatically discharged. |
| Reaffirmed debt shown as discharged, or the reverse | Inaccurate reporting may raise Fair Credit Reporting Act issues, depending on the enforceability and terms of the reaffirmation agreement. |
| Non-filing spouse shown as having filed bankruptcy | Inaccurate attribution of a bankruptcy filing may raise Fair Credit Reporting Act concerns. |
Common error
Discharged account still shows a balance or past-due amount
What the law may require
The Fair Credit Reporting Act imposes accuracy and dispute-investigation duties on covered entities. Reporting used to pressure payment may also implicate the bankruptcy discharge injunction.
Common error
Account shown as charged off or in collection without accurately reflecting discharge
What the law may require
Depending on the full reporting context, the Fair Credit Reporting Act may apply. Collection-related reporting may also raise discharge-injunction questions.
Common error
Discharged debt sold to and collected by a debt buyer
What the law may require
Collection activity may implicate the Fair Debt Collection Practices Act, the Florida Consumer Collection Practices Act, or the bankruptcy discharge injunction.
Common error
Bills, statements, or calls concerning a discharged debt
What the law may require
Efforts to collect discharged personal liability may violate the discharge injunction or applicable debt collection laws.
Common error
Discharged private student loan returned to collection
What the law may require
If the particular loan was legally discharged, collection activity may implicate applicable bankruptcy and consumer protection laws. Not every private student loan is automatically discharged.
Common error
Reaffirmed debt shown as discharged, or the reverse
What the law may require
Inaccurate reporting may raise Fair Credit Reporting Act issues, depending on the enforceability and terms of the reaffirmation agreement.
Common error
Non-filing spouse shown as having filed bankruptcy
What the law may require
Inaccurate attribution of a bankruptcy filing may raise Fair Credit Reporting Act concerns.
Whether a violation occurred depends on the facts of each case. This page is general information, not legal advice.
Think something on your report is wrong?
Florida residents can schedule a free consultation to discuss their post-discharge reports with Juris Firm Chartered.
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