Charge off reporting

[Horrace36]

Prior to BK filing it stays on. Post BK filing it should not be reporting.

[0REDSOX7]

If it is in the payment history that you are referencing, again, that is not 100% correct.

If you were 30/60 days late prior to filing, the creditor is legally allowed to report the cadence of 90/120/CO in the payment history of your credit report.  So long as the TL is showing a zero balance and IIB, the creditor is within their rights.  Believe it or not, after 120 days late, the creditors have to charge off the debt from a financial reporting perspective.

[Horrace36]

Fair enough but I was never late prior to bk.

[0REDSOX7]

Horrace - that is the missing piece of the puzzle.  If you were current when you filed (and not missed your most recent payment), then yes, you might have a claim here.  

I am curious - is it only Experian that is reporting this?  Trans Union and Equifax are known to delete payment history when you file...

[Horrace36]

In fact it is only Experian - The other two CRAs have cleaned-up the reports. 

[Horrace36]

Between my last post and today, the FTC/Lovern argument has carried the day in having post bk filing delinquencies and charge-offs deleted. I'm sure the fact that two of the banks are subject to a series of rulings from Judge Drain in the Southern District of New York that were debtor friendly helped. Take a look at the beginning of this chain for further info. 

[DaveInAZ]

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@Horrace36 wrote:

Between my last post and today, the FTC/Lovern argument has carried the day in having post bk filing delinquencies and charge-offs deleted. I'm sure the fact that two of the banks are subject to a series of rulings from Judge Drain in the Southern District of New York that were debtor friendly helped. Take a look at the beginning of this chain for further info. 

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Did you have to dispute, or are the lenders voluntarily complying with the court ruling?

EX is my problem CRA as well, TU & EQ show all $0 bal, IIB, never late, while EX shows 25 total lates, 14 of them 90+ late, and any 90 day late is well after I filed. A couple actually report Closed the month I filed, and then ressumed 90-120 late & CO after that. In my dispute I asked how can an account be Closed and then late after that, and EX just responded "Verified".  I just checked & no change.. But my EX score is near my TU & EQ range, just over 700, I think it's because the impact of those lates is less after 4+ years.

[Horrace36]

I filed a dispute with the CFPB. The court rulings were on motions not a final judgment.