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Cleaning up after 2011 BK, Creditors still updating is it a problem?

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elitts
New Member

Cleaning up after 2011 BK, Creditors still updating is it a problem?

Ok, so like the subject says, I'm 2 years post BK, looking at getting a mortgage so I'm cleaning up my CR.  I've got one Credit Union that is being a pain in my ass (their stupidity was also the reason I ended up filing). 

 

Issue 1

 

I filed my BK on 7/25/11 within an hour of the Court opening up.  Oddly enough, the Credit Union suddenly decided to report all 4 of my delinquent accounts to all three CRAs that very same day.  They only used to report to Experian.  This seems to me to be a deliberate attempt to ignore or possibly skirt around the automatic stay.  Opinions on if I have a case here?

 

There were also 2 collection accounts from another creditor/collector that suddenly got placed the month after I filed.

 

 

Issue 2

 

A couple of the debts with the CU were joint with my now ex-wife.  They of course came after her for the money and she paid off one debt but now my CR is showing a payment in 2012,  (Of course, they didn't bother to update my file to show that it was settled in full)  Does this payment last year serve to make the negative look more recent?  Or should I just ignore this?

 

Issue 3

 

Along with the reporting of a payment last year, the CU has started updating my old IIB accounts (I think)  this is what is showing up:

 

2013
JANFEBMARAPRMAYJUNJULAUGSEPOCTNOV
--------KDKDKD

 

 

 

Will the "KD" showing up under SEP, OCT & NOV get this account treated as a recent negative instead of a 2 year old one?  Or do I ignore this as well.

 

Thanks for any help I can get here.

Message 1 of 6
5 REPLIES 5
StartingOver10
Moderator Emerita

Re: Cleaning up after 2011 BK, Creditors still updating is it a problem?

The CU can not start putting KD on your report after your successful BK discharge.

They are obligated to report only iib and zero balance.

 

Also, the creditor that was paid last year can not update the account payoff. It must remain iib and zero balance.

 

As to the collections coming on your report after filing BK, that is a violation too since they clearly filed during the BK automatic stay period. Have your attorney send a letter to the CA's to remove the collections notations made AFTER your filing date. Make them remove the collections notations or it will severely hurt your changes of getting a new mortgage when you are ready.

Message 2 of 6
elitts
New Member

Re: Cleaning up after 2011 BK, Creditors still updating is it a problem?

So at what point is what this Credit Union is doing actionable?  I would like more than anything to be able to b1tch slap these people with a lawsuit after all the crap they've put me through just because they can't find their asses with two hands.

 

I've disputed the updates with the CRA, I'm assuming I'll have to ask the CU to remove the information at least once and get a no, or failure to act before I can go forward.  Is that about right?

Message 3 of 6
StartingOver10
Moderator Emerita

Re: Cleaning up after 2011 BK, Creditors still updating is it a problem?

Yes. Send a firm letter directly to the CU.

 

If they don't correct, bring it to your BK attorney to send a letter. By then it ought to work. If not then sue them. The CU would have to pay your attorney fees when you prevail.

 

CU's are difficult in a BK. Smiley Sad

Message 4 of 6
ezdriver
Senior Contributor

Re: Cleaning up after 2011 BK, Creditors still updating is it a problem?

Just an FYI about disputes on credit reports and underwring a mortgage application. Underwriters don't like to see disputes on credit reports. I've got an "ACCT IN DISPUTE" on a foreclosure that occured in 4/2010 and discharged in a Ch 7 [for good measure!] in 4/2013. As far as I'm concerned, that item is dead and buried! The underwriter is not as convinced and is still asking for it to be approved. Imagine having disputes on accounts that are in fact still alive!

 

 

 

Message 5 of 6
StartingOver10
Moderator Emerita

Re: Cleaning up after 2011 BK, Creditors still updating is it a problem?

ez, you got the info for removing the dispute comments from the CRA's, right?

If not, there are some specific contacts that get it done immediately. Search for it on the mortgage board to get the contacts at the CRA's for dispute removal.

Message 6 of 6
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