Incorrect credit reports can coerce payment of discharged debt

Bankruptcy discharge, Debt & society, Life after bankruptcy

Jay Fleischman discusses whether the failure to correct a credit report after a bankruptcy discharge is really a violation of the discharge injunction. I have experienced two very real examples of how the continued reporting of discharged debt shadows a debtor’s fresh start.

The first is in the insidious use of credit scores for pricing of insurance. I find no linkage between credit worthiness and insurance claims. It appears to me to be a situation where Fair Isaacs, or other providers of credit scores, has sold insurers on the idea. Why should the insurers resist? It gives them a reason to increase premiums.

More distasteful in my mind is the situation where a homeowner has a refinance or home purchase in process. When the lender finds a credit report still studded with apparently unpaid debt, the would be borrower must chose between paying the discharged debt or losing the loan. Nice work for the creditor: do nothing, even when the law requires you to report correctly, and garner money to which you have no right.

14 Responses

  1. Lisa_Hurley  •  August 17, 2007 @11:24 pm

    As someone how has suffered from Bankruptcy (and come out the other side) I can vouch for the problems with many Insurance companies.

    I actually had several Insurers refuse to do business with my purely because of my credit history. I assumed this is because they treat bad credit as being untrustworthy, but it makes no sense to me because insurance is generally paid in advance anyway. And what of the people who have an incorrect entry on their credit report and don’t know how to remove it? Pay a premium (if you can get insurance at all) or too bad? Not very nice.

    In my opinion, they do this (increase prices for people with bad credit) purely because they can. I avoid these type of companies completely now my credit has been restored.

    When will companies like this learn?

    Thanks for an excellent blog highlighting the problems people with adverse items on their credit report have to deal with every day.

    Regards

    Lisa Hurley

  2. bad credit mortgages uk  •  August 30, 2007 @8:10 pm

    bad credit mortgages uk…

    I found your blog through Big Yellow House! IÂ’m glad I did! Blessings….

  3. bad credit mortgages  •  September 18, 2007 @9:05 am

    bad credit mortgages…

  4. uk bad credit mortgages  •  September 21, 2007 @1:22 pm

    uk bad credit mortgages…

    Very useful, thanks-a-bunch…

  5. illinois payday loan  •  September 22, 2007 @7:35 pm

    illinois payday loan…

    The best source for quick cash advance and payday loans online….

  6. Bad Credit Mortgages  •  September 24, 2007 @12:28 am

    Bad Credit Mortgages…

    While some people won\’t agree about this, personally I think it\’s almost true…

  7. loans people adverse credit history

    Kontakt edukacja ekologiczna , konkursy olimpiada wiedzy ekologicznej. Report history us loans people adverse c…

  8. Elizabeth  •  October 15, 2007 @9:38 am

    Elizabeth

    It is good to know that people are concerned for this subject. Some people are too wrapped up in the minutiae of life to comment on anything other than themselves!

  9. no lender payday loans  •  October 15, 2007 @11:50 am

    no lender payday loans

    Payday Loans and Cash Advances. We specialize in payday loans and cash advances with no credit checks.

  10. payday loan uk  •  November 8, 2007 @2:55 am

    payday loan uk

    Payday Loans and Cash Advances. We specialize in payday loans and cash advances with no credit checks.

  11. adult anime comics  •  November 22, 2007 @9:33 am

    adult anime comics

    The commercial loan process is very different from the residential mortgage process. Commercial loans, unlike the vast majority of residential mortgages, do not receive backing from a government entity like Fannie Mae. As a result, commercial lenders a…

  12. simpsons adult comics  •  November 22, 2007 @9:33 am

    simpsons adult comics

    The commercial loan process is very different from the residential mortgage process. Commercial loans, unlike the vast majority of residential mortgages, do not receive backing from a government entity like Fannie Mae. As a result, commercial lenders a…

  13. Health Insurance Aetna Health Insurance Universal Life Insurance…

    I didn’t agree with you first, but last paragraph makes sense for me…

  14. ketchum id  •  September 10, 2008 @12:37 am

    ketchum id…

    I discovered your site on faves.com bookmarking site…I like it and gave it a fave for you, I’ll be checking back regularly…

Leave a Reply

You must be logged in to post a comment.