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Bankruptcy Credit Reporting -- in the news (NYTimes)

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Anonymous
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Bankruptcy Credit Reporting -- in the news (NYTimes)

New to the forums.

 

Saw this article the other day in the NYTimes and thought others may find it interesting as well.    (See below link to full article)

 

"Tens of thousands of Americans who went through bankruptcy are still haunted by debts long after — sometimes as long as a decade after — federal judges have extinguished the bills in court.

The problem, state and federal officials suspect, is that some of the nation’s biggest banks ignore bankruptcy court discharges, which render the debts void. Paying no heed to the courts, the banks keep the debts alive on credit reports, essentially forcing borrowers to make payments on bills that they do not legally owe.

The practice — a subtle but powerful tactic that effectively holds the credit report hostage until borrowers pay — potentially breathes new life into the pools of bad debt that are bought by financial firms.

Now lawyers with the United States Trustee Program, an arm of the Justice Department, are investigating JPMorgan Chase, Bank of America, Citigroup and Synchrony Financial, formerly known as GE Capital Retail Finance, suspecting the banks of violating federal bankruptcy law by ignoring the discharge injunction, say people briefed on the investigations.

The banks say that they comply with all federal laws in their collection and sale of debt.

Still, federal judges have started to raise alarms that some banks are threatening the foundations of bankruptcy."

 

 

http://dealbook.nytimes.com/2014/11/12/debts-canceled-by-bankruptcy-still-mar-consumer-credit-scores...

 

Message 1 of 5
4 REPLIES 4
0REDSOX7
Valued Contributor

Re: Bankruptcy Credit Reporting -- in the news (NYTimes)

Thanks for sharing.

 

Luckily all my accounts are correct - including those banks listed as top offenders - but, like many, I am on the prowl for accounts that are the result of my former lenders selling them to JDBs...

BK Discharge 2/11/14

Currently in the garden.
Message 2 of 5
Anonymous
Not applicable

Re: Bankruptcy Credit Reporting -- in the news (NYTimes)

Thanks For Sharing.  I do wonder apart the part where a CR has to reflect that is no longer owed, removing any "notation" of past due or charged off, if that includes payment/account history where many of us have all these lates and charge off showings. I would consider that a "notation", wouldn't you? I have been arguing that with many creditors, even though it shows IIB and -0- balance, the payment/account history shows lates/co after file date. They have either completely deleted the file or fixed it by removing the payment  history. I only have one that I can't get to budge.

Message 3 of 5
0REDSOX7
Valued Contributor

Re: Bankruptcy Credit Reporting -- in the news (NYTimes)

There are some parts of the article that are misleading - as the poster above has pointed out.

 

Payment history is not required to be deleted once a TL is updated to show IIB and a zero balance.  Some will do it, some won't.  Payment history before filing is valid and should be reported, at least in my opinion.

 

Also, if you have a 30/60/90/120 before filing, and then after filing or discharge they report the account as C/O in the payment history - this is legal, because after 120 days late, they are legally required to charge off the debt.

 

I've met two consumer finance attorney's about this (GECRB did this to me), and he said the reporting is correct and nothing I can do.

BK Discharge 2/11/14

Currently in the garden.
Message 4 of 5
casmith1980
Established Contributor

Re: Bankruptcy Credit Reporting -- in the news (NYTimes)

I posted too soon earlier (mods - please delete duplicate post as this talks about my earlier issue)

 

so my question would be - if an account shows 30/60/charge off - would that be considered correct?  I thought it had to be 120 days to report charge off?  Is this exactly what the article is talking about with being able to "sell" debts to JDB's because they're "charged off"?

 

I haven't gotten my discharge get (anticipated date is 3/10/15) but I'm in the process of trying to clean my reports up as much as possible so there's less to do later.  would appreciate any insight Smiley Happy

Filed BK 12/5/14
341 meeting 1/9/15
Anticipated discharge 3/10/15

Goal: 700 by 3/2017
Message 5 of 5
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