• Report: #298839

Complaint Review: BANK OF AMERICA

  • Submitted: Thu, January 10, 2008
  • Updated: Mon, January 21, 2008

  • Reported By:tampa Florida
bankofamerica.com Nationwide U.S.A.
  • Phone: 888-702-1161
  • Web:
  • Category: Banks

BANK OF AMERICA Illegal Practices Nationwide

*Consumer Suggestion: Solutions to try

*Consumer Comment: File a dispute...

*Consumer Comment: Heres a thought

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I had a bankruptcy in 2003 and it was discharged in 2003, three years after my bankruptcy bank of America started reporting again on the account that was discharged in the BK in 2006 i did contact them and they tell you they updated it and i even got a letter from them it was updated and right after that they turned around and report on my credit report that this account is in collection and delenqint which they are not supposed to happen after the BK this is been going on now for 2 years and i cannot get this solved , i have evidence to back up every single word , simply bank of america is ruining my life,

i am sure that there is alot of people in the same situation with BOA if they had one of the MBNA accounts that was aquierd by BOA

Tampa, Florida

This report was posted on Ripoff Report on 01/10/2008 12:22 PM and is a permanent record located here: http://www.ripoffreport.com/r/BANK-OF-AMERICA/nationwide/BANK-OF-AMERICA-Illegal-Practices-Nationwide-298839. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Suggestion

Solutions to try

AUTHOR: Thomas - (U.S.A.)

If you used an attorney in your Bankruptcy proceedings, I recommend you contact that attorney. Banks are notorious for violating bankruptcy laws. The main reason they do it is because their are no Government Agencies enforcing the laws and because even if they get sued and have to pay they are never forced to pay enough to be a deterrent.

You are entitled to protection under the United States Bankruptcy Code (11 U.S.C. section 362; 524). Under the bankruptcy code they can not attempt to collect the debt against you if it is unsecured and/or discharged. If they sell the debt I believe that would be a violation as well. Under California Law a bankruptcy is allowed to stay on your credit report for 10 years but you can file a bankruptcy ever 7 years which makes little sense when you consider a Judgment is good for 10 years but can only stay on your credit for 7 years. In any event a negative item discharged under bankruptcy should be removed from your report after either 5 or 7 years. A negative account does not have to be removed from your credit if it is discharged under a bankruptcy but it does have to show as having been Discharged Under Bankruptcy. It should not show a balance but it can show a high credit amount. If you have not disputed it with the Credit Bureaus, you should do it now and provide the Credit Bureaus with documentation showing the account was discharged. If that doesn't work you may wish to consider hiring an attorney and filing a law suit against B of A and the Credit Bureau(s).

Keep in mind that the laws in your state may be different from California, so I would recommend that you familiarize yourself with the laws in your state.

In addition you should know that I am not an Attorney, however I have worked as a debt collector since 1978 and I have managed a collection agency for 18 years and I can honestly say that as of today the agency I manage has never been reported to Ripoff Reports.

I almost forgot, one last thing with respect to one of the comments that was made to you to just pay the bill, if you do decide to do that keep in mind that that would be considered preferential treatment and if any of your other creditor were to find out they could use that to overturn your entire bankruptcy. I recommend the party who posted that go fly a kite.
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#2 Consumer Comment

File a dispute...

AUTHOR: Striderq - (U.S.A.)

with the credit bureau(s) that has been used. Tell them it's not valid and BOA will have to try to prove the validity. You might want to send copies of the bankruptcy papers showing this account was included
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#3 Consumer Comment

Heres a thought

AUTHOR: Brandon - (U.S.A.)

Bank of America isnt ruining your life. Your overwhelming debt and bankruptcy is ruining your life. Pay up!
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