topic Re: Late Payments after filing but before discharge in Bankruptcy

Late Payments after filing but before discharge

mysti_summer — Mon, 02 Mar 2009 21:02:20 GMT

I'm confused. I've been reading tons of posts today and can't seem to find the answer to this. I FILED my BK in September of 06. In October, November and December of 06, I have late payments showing 30, 60 and 90 days past due. My BK was DISCHARGED in January 2007. Can the OC's report late payments AFTER I FILE? I know they can't after it's discharged, but can they after the filing date? My CR's show the filing date of Sepember. Is this allowed? Thanks for any input on this, as I've seen different opinions listed in different posts.

Re: Late Payments after filing but before discharge

kjm79 — Tue, 03 Mar 2009 00:19:31 GMT

No late payments can be reported following the date of FILING. Any late payments prior to filing can continue to be reported, but nothing after the date of filing. A stay goes into effect on the date of filing - prohibiting collection activities from creditors. If no payment is due, how can you be late?

Message Edited by kjm79 on 03-02-2009 05:19 PM

Re: Late Payments after filing but before discharge

mysti_summer — Tue, 03 Mar 2009 00:32:46 GMT

Thank you, kjm!! :) That's what I thought but I wanted to verify. I disputed on line today with EX so I hope they fix this!!

Re: Late Payments after filing but before discharge

kjm79 — Tue, 03 Mar 2009 15:52:38 GMT

You are most welcome. Be prepared, sometimes when you dispute account IIB the CRA asks for your schedules and BK info. You can send your notice of filing and ifyou do send any schedules redact any other account info that you are not disputing. For example, if you are disputing Account A and the schedule lists Account A-F, black out all account information pertaining to accounts b-f. You don't want to give then CRAs anymore information than they need. Also, I know that after my bk back in 2004, when I disputed some lates that were reporting after the filing date or accounts that should have stated IIB and said charged off or bad debt, the creditors didn't verify and they were just deleted. Just make sure they all say Include or Discharged through BK, no lates reporting past filing date, no balances reported, and certainly no past due amounts reported. Good luck.

Re: Late Payments after filing but before discharge

LindaLu — Tue, 03 Mar 2009 23:08:26 GMT

same thing happened to me...only I just figured it out now and there are about 8 late payments that have been on my report that should not be ..I filed may of 07 and I have late payments showing in sept of 07when even my discharge was aug 07..I even have a mortgage payment showing on experian from july 07 and my mortgage was not reaffirmed even though I kept my home.

Another question...what about that C/O that shows...? I have some of those reporting even last year!!!!! you would think one time would be enough..some do actually sho C/O the month I filed but keeping showing that C/O for a few months after..is that counting again me like a late payment every time they report it that way?

I hope not ...that might explain why some creditors deny me saying I have late payments when this is why.

thanks for any help!

Re: Late Payments after filing but before discharge

kjm79 — Tue, 03 Mar 2009 23:15:48 GMT

Yep. Dispute any late payments, co, bad debt/charge off notations. May of 07 would be the last month late payment or collection notations would have been permitted. Anything after that violates the bk stay. My bk was back in 2004 and when I found this site and started clean up, I found an account that was IIB, and continued to report late payments all the up to as current as sept 2008. So for four years, every month I had a late payment notation on this account that was IIB. I disputed it with both the CRA and the OC, it ended up being deleted entirely.

Re: Late Payments after filing but before discharge

LindaLu — Tue, 03 Mar 2009 23:25:08 GMT

thanks thats what I thought...I have more of those C/O s than anything...like 20 or so!!!???do you think they count like a late payment?each time it gets reported as a C/O?? it is mostly with experian I notice I am going to check mine right now...if this all gets changed I might get some points back!

And oh yeah...I read on this site the other day that when your bk becomes 2 years it might raise the score a little..what is your insight on that?10 or 20 points is good tome!!

thanks for the help!

Re: Late Payments after filing but before discharge

kjm79 — Tue, 03 Mar 2009 23:35:33 GMT

I think my bad account was with EX too. They are counted as a late payment. When EX offered their scores and reports via MyFico and you went to "Your Credit at A Glance" page of the report, it listed things like past due, length of credit history, and late payments. My first pull from EX on this site showed 99 late payments. You can believe that my eyes popped out of my head and my jar hit the keyboard. After doing my repair work and getting prohibitted lates and co removed, as well as deleting accounts, as of early February I was down to about 10 lates (which are valid and pre bk so I'm GW'ing the heck out of those companies).

Derogatory notations (which would include a bk) do have less of an impact when they reach two years of age. Again, I love this site, on the "Understanding Your Fico Score" section on your fico reports, one of the positive factors on my scores is that my public record is 4 years and 4 months old. I, nor can anyone else, tell you what kind of score change to expect. There are too many variables, debt utilization, average age of accounts, types of accounts, etc... to give you a number. However, having said that, if you make all your payments on time and keep your utilization low, and your BK turns two, you should expect to see some increase.

Re: Late Payments after filing but before discharge

LindaLu — Tue, 03 Mar 2009 23:46:20 GMT

thanks your alot of help!.. I just went to my credit monitoring site...it showed 8 late payments after I filed bk7 and 28 of those C/O after my bk7 was filed...Now I did however count the late or C/O showing for the month I filed ..should they be gone too? I filed 5/7/07...so I wouldn't think showing a late payment for 5/07 or those C/O would be justified ?

what do you think?

Re: Late Payments after filing but before discharge

kjm79 — Tue, 03 Mar 2009 23:53:05 GMT

Cleaning up after Bk is tough, as others on this board and other boards will tell you. I wish I would have started sooner and found this site sooner. You will find so much information here. Sometimes, more than what you know what to do with.

The month of filing is ok for them to report. It's the last month you were technically late or missed a payment with them even though you filed on the 7th.

Re: Late Payments after filing but before discharge

LindaLu — Wed, 04 Mar 2009 00:03:32 GMT

thanks ! so you think those C/O after my filing realling are counting against me? if the C/O shows for that month ( may 07) then you think that is ok too?

if it is I am ok with that as long as it is correct..I am now going to go to experian website and dispute the ones that shouldnt be there...

wish me luck!

and thanks for helping!

Re: Late Payments after filing but before discharge

kjm79 — Wed, 04 Mar 2009 00:17:14 GMT

Yep, month of filing late/co notations are ok, but they should be the last. No if you reaffirmed any of these accounts and were late, they can report that. But I recall you did't reaffirm your mortgage so that late shouldn't be there. The CO after filing are counting against you, so definitely work on getting the post bk ones off your reports. Good luck. And if you're disputing online, make sure you print out your results when you get them. You want to keep a paper trail of everything when dealing with credit repair. Good luck!

Re: Late Payments after filing but before discharge

LindaLu — Wed, 04 Mar 2009 02:19:11 GMT

thanks .,..just what I thought..but what is strange is that it shows included in bk...and it shows a zero balance...but 3 months after the filing and this showing zero balance and included in bankruptcy and most recently incidentally a C/O just appeared jan 09????there is not a balance because was cleared off due to bk so why are they doing this??? If I don't count the ones showing 5/07 there are like14???

will let you know the status of my score when this all gets taken off.

thanks for the help ..you are the best!

Re: Late Payments after filing but before discharge

kjm79 — Wed, 04 Mar 2009 15:47:18 GMT

Definitely not the best, just been there myself and did the same thing you did. Found salvation within these forums. But thanks for the compliment.

Re: Late Payments after filing but before discharge

mysti_summer — Thu, 05 Mar 2009 16:25:57 GMT

Experian is SO messed up!!! I don't know what to do now. I disputed the late pays/CO's that show up AFTER my filing date. I did this 3 days ago. I just pulled the dispute report today and it shows ALL have been verified and updated with the NO CHANGE. BUT....now some are showing that my BK occured in May of 2006 (when it was actually September of 2006!) and those are scheduled to drop off in May of 2013! Should I let this go since they will now fall off earlier than expected? Or should I show them proof? How bad is it hurting me to have late pays from 2006 before my BK was discharged? Any thoughts? Thanks!

Re: Late Payments after filing but before discharge

LindaLu — Thu, 05 Mar 2009 16:38:41 GMT

misti

they did that to me too..it said verified and unchanged..I don't understand how it can be verified when it is black and white when we filed...but as far as the may 06 ..yes theydid that to me too by moving it up a month..but yes that makes it to have been late more long ago and that benefited us...they actually have a month showing as a chargeoff when I actually had an ok for an on time payment but like i said it benefited us..

sometimes it may be better call..they did take off a few of my lates and charge offs that were showing after my bk and it upped my score about 5 points...but i have like 6 other accounts like this that say pending..will let you know the outcome...if you have to call to get someone to understand ..do it..it is YOUR credit they are affecting...do what you have to do..but be nice!! or they won't do anything at all,

good luck

Re: Late Payments after filing but before discharge

kjm79 — Thu, 05 Mar 2009 16:59:07 GMT

LindaLu and misti -

For any accounts that came/come back verified then write the OC. Notify them that they are incorrectly reporting lates and co's after the date you filed for bk and politely request them to remove the lates and co's that are incorrectly reporting. Like:

Dear OC -

I filed for Ch ___ BK on such and such date. According to my cr(s) from EX, EQ, TU, OC name has continued to report late payments/co's after the date the BK was filed in violation of the stay order. OC is prohibited from reporting lates/co's after the date of filing. I'm sure this is just an oversight on OC's part. Please immediately update the account to accurately reflect that no late payments/co's occurred after the date of filing.

Attach a copy of your notice of filing that shows what chapter you filed and the date of filing. I would also send a copy of how the account is reporting (not the whole report, just the page the account appears on with all other info redacted). I had an OC say that what I was claiming they were reporting was not what they had in their file. I sent a snapshot of how the account was reporting and a week later it was corrected. I would also send this at least by certified mail so you can track it, I personally would do CMRRR. The OC's may have just verified with the CRA's that yes, it was included in BK and didn't address the inaccurate lates or co's. Keep at it.

Re: Late Payments after filing but before discharge

mysti_summer — Thu, 05 Mar 2009 17:08:08 GMT

Thank you Linda and kjm :) Do you think I should leave the ones alone that now say May 06 instead of September 06? Those may help me. What do you think I should do for those?

Re: Late Payments after filing but before discharge

kjm79 — Thu, 05 Mar 2009 17:16:16 GMT

In my opinion, if they are still reporting lates or collections that shouldn't be there I'd make them remove them. It did make them appear older and thus has a little less impact on your score, but removing it altogether would be even better. Also, jsut because the account is showing the BK was in May versus Sep, that doesn't mean the account will necessarily fall off any sooner. The date of first delinquency determines the fall off date. I imagine you had lates prior to your bk on some of these accounts, so your dofd would be prior to your bk anyway. The date you filed bk doesn't affect the fall off date of an account unless the account was current and then you filed, then the date of filing bk is the dofd.

Re: Late Payments after filing but before discharge

mysti_summer — Thu, 05 Mar 2009 17:23:19 GMT

Awesome!!! Thank you so much kjm!!! I will contact the OC's on this :)