Consumer complaint received 2016-03-16
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Mortgage
Sub-product: Home equity loan or line of credit
Issue: Loan modification,collection,foreclosure

Complaint:
I 'm filing a complaint against XXXX XXXX XXXX ( XXXX ) for violations to the U.S bankruptcy code 11 U.S.C. 362, which strictly prohibits a collection agency for pursing a debtor for payment on a debt which has been legally discharged. As an attempt to preserve the integrity of my personal finances and correct my financial affairs my consumer debt was discharged on XXXX XXXX, XXXX. During this major financial transition my loan was transferred from Bank of America ( BAC ) to XXXX on XX/XX/XXXX.The secured creditor must prove the validity of its claim and obtain a court order before taking collection action. The only dischargeable debt that a person is legally obligated to repay is one for which the person and the creditor have signed what is called a " reaffirmation agreement. When a Chapter XXXX debt is discharged, the court enters an order which prohibits creditors from attempting to collect any discharged debt. If any creditor violates this court order they will be held in contempt of court and will be made liable to me for damages. XXXX has riddled my credit report with erroneous reporting from XXXX XXXX, XXXX, until XXXX of XXXX, which has caused irreparable damage to my credit report and score for more than 5 years, since its discharge. It is my understanding that this debt was not part of a reaffirmation agreement approved by the bankruptcy court during my XXXX proceedings. Furthermore, it is a violation to the Fair Credit Reporting Act ( FRCA ) to re-age a once discharged debt and begin reporting it as a new delinquent revolving balance. This action by XXXX, has caused irreparable damage to my credit report and score, post chapter XXXX discharge date of XXXX XXXX, XXXX. I intend to prove by way of civil litigation that XXXX, has used this misreporting as a collection tool to induce me to pay the discharged debt, this violation of the bankruptcy discharge injunction is illegal. The discharge injunction prohibits a creditor or collector from these types of collection efforts once the bankruptcy court has entered the final discharge. Please see attached document, to my knowledge my second mortgage was last reported by BAC XXXX XXXX, XXXX, reflected on my credit report dated XXXX XXXX, XXXX. Clearly XXXX reflects on the same report, the same balance as open/active and delinquent 180 plus days as though the revolving account was originated post chapter XXXX discharge of the debt. This action by XXXX, has caused irreparable damage to my credit report and score. Using negative reporting as a tool to coerce consumers into paying debts that are discharged is not only unethical, but is clearly an attempt to collect a debt and force or massage payments from me as a debtor. Misreporting collection tactics have been identified by XXXX, in past and currently pending civil litigation matters. As well as XXXX has been judicially imposed fines, and reprimanded for such aggressive illegal acts as identified within my loan servicing experience. Re-aged debt as a new debt has is yet another of XXXX willful violations to the automatic stay, the debtor can recover actual damages, punitive damages, and attorney 's fees. Furthermore, I received an unsolicited DEMAND for payment dated XXXX XXXX, XXXX, which falsely asserts that I initiated a conversation with RTR. I had never spoken with anyone at XXXX, prior to receiving this blind offer. It is my belief that the miss reporting for this particular month and this illegal modification offer was NOT coincidental and was executed by design. In essence another coercion tactic into a repayment agreement by XXXX using these illegal reporting actions and the agreement itself is a violation the U.S. bankruptcy code section XXXX flatly prohibiting unmatured interest to be charged to discharge debt. The general rule under pre-Code law was that interest stops as of the date of the filing of the bankruptcy petition.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation