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Hi there,
My Chapter 13 was discharged January 2015 after 5 years of payments. I've watched my Experian score drop 36 points in the past month, so I signed up with them and was able to talk to a human to figure out what is going on. Basically three creditors who were included in the dischared, updated my credit file to report late payments for the five years I was in the re-payment plan. Each of these creditors was an unsecured debt but they received 25% of the debt that was owed. I feel like I'm being penalized twice now. I swear Chapter 13 you get treated so much worse even though you're actually paying most if not all of the debts.
Can these creditors do this??? If so, do I have any options?
Thank you for your help!
I am pretty certain, but not 100%, that the updates are considered a violation of the discharge injunction.
They could not report late during your Bk because of the automatic stay and once you had paid off according to your plan and received a discharge, they can't now go back and say you were late each month.
At a minimum I would contact the CFPB and file a complaint.
Who are the creditors?
AND call your attorney to reopen your case to have them sanctioned for being jerks...you'll get a couple of $k's for sure plus file disputes with each credit reporting agencies AND if they don't remove the inaccuracies... drag their butts into court too!
Our lender for our car loan did this - reported 3 lates after the automatic stay. I tried to dispute but got no where. The response was that the credit union was reporting accurately.