CH13 - Creditors Keep Reporting INC in CH13 despite 2011 credit reporting guidelines

[nineironkitty]

I have 2 creditors, one for 1st and 2nd mtg and the other for my car note.  I caught up the arrears on my house through CH13 AS AGREED.  I paid the current housenote outside the bankrtupcy AS AGREED.  I paid my car note through the CH13 Trustee AS AGREED.

The mortgage company and GM Financial keep reporting inc in CH13 bankruptcy IN SPITE OF the 2011 credit reporting guidelines which state that creditors included in a CH13 are supposed to report like this - I hope you make sense of it, it's a table in the Credit Reporting Guide - you can google it. I am beyonf FRUSTRATED trying to get these creditors to report this right!  I just paid off my CH13 and am awaiting discharge, but in spite of making both 1st and 2nd mortgage payments on time outside the bankruptcy, I CANNOT GET THEM TO CHANGE THE WAY THEY'RE REPORTING.  Same with GM Financial, I asked if they update my credit report and they said no, there will be no further reporting even when the discharge is complete...honestly WTH???

Sorry I am really frustrated, Ive been fighting with them for over a year even under the threat of suing, if I could actually find an attorney to take the case!

28.
Questions: Accounts included in Bankruptcy Chapter 13:
(a) How should an account be reported when all borrowers associated to the account filed Bankruptcy Chapter 13? Answer: Report the account according to the following guidelines:
All Borrowers Filed Bankruptcy Chapter 13
Month BK Filed
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CII = D (Petition for Chapter 13 Bankruptcy)
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Account Status = status at time of petition
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Payment History = first character based on previous month’s Account Status, plus prior history
•
Current Balance = outstanding balance amount
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Scheduled Monthly Payment Amount = contractual monthly payment amount
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Amount Past Due = dependent on status
Months Between Petition Filed & BK Resolution (Confirmed Plan, BK Dismissed, Withdrawn)
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CII = Blank (previous value reported – D – is retained)
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Account Status = status at time of petition
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Payment History = increment first position with value ‘D’ (plus history reported prior to BK filing)
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Current Balance = outstanding balance amount
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Scheduled Monthly Payment Amount = contractual monthly payment amount
•
Amount Past Due = dependent on status
Plan Confirmed
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CII = Blank (previous value reported – D – is retained)
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Account Status = status at time of petition
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Payment History = increment with value ‘D’ (plus prior months’ history)
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Current Balance = Chapter 13 plan balance1
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Amount Past Due = Zero
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Terms Duration & Terms Frequency = report changed values, if applicable
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Scheduled Monthly Payment Amount = Chapter 13 plan payment amount
Plan Completed – All payments made according to plan – no further obligation
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CII = H (Discharged/completed through BK Chapter 13)
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Account Status = status at time of petition
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Payment History = increment first position with value ‘D’ (plus prior months’ history)
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Current Balance = Zero
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Scheduled Monthly Payment Amount = Zero
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Amount Past Due = Zero
Plan Completed – All payments made according to plan – consumer continues to make payments on Secured Debt (example: mortgage)
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CII = Q (Removal value)
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Account Status = status that applies
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Payment History = first month, increment first position with value ‘D’; in subsequent months, increment based on prior month’s status
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Current Balance = Outstanding balance amount
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Scheduled Monthly Payment Amount = updated contractual monthly payment amount
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Amount Past Due = dependent on status
BK Dismissed or Withdrawn
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CII = applicable dismissed or withdrawn value (L or P)
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Account information as it applies going forward
1 If the Chapter 13 plan balance amount is not clearly communicated to the lender, the lender should consult with internal Legal to determine what amount to report in the Current Balance field.