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Hello all!!
This is my first post - I've been spending alot of time on these forums and I've learned so much - Thank you!! I have my own question to throw into the ring.
My husband & I were successfully discharged from our 3 year Chapter 13 in Feb, 2009. On all 3 of my reports, I'm showing a charge off BALANCE from a creditor - who's account was INCLUDED in the bankruptcy. Since they were unsecured they were paid 40% of their balance due through the bankruptcy payments - 60% of the original debt is still owed.
This account is scheduled to fall off all three reports in AUGUST 2009.
I thought since they were listed in the Bankruptcy they should report the balance as $0.00. Do I dispute this or should I leave it alone since its coming off in 3 months. The DOFD would have been in 2005 sometime - and the SOL in Delaware is 6 years. I don't want to wake a sleeping giant!
Our 15 year old van is getting close to 200K. It leaks, smokes & plays taps - so I could use a newer car now - but it's not hard driven and I'm sure I can get another 3 months out of it - the folks at the auto parts store know us by name. LOL!.
What do you think? Thank you in advance!!
10/2008 - EQ - 560 TU - 588 EX - 590
5/2009 - EQ - 617 TU- 653 EX - ?
Let me elaborate something further..
I have heard that its possible that creditors may attempt to recoup any monies after a bankruptcy has been discharged - none of our other unsecured creditors have tried to come back to haunt us.
The date opened on this account is 5/2002 - and according to all three hard copy reports - all say "this account is scheduled to continue on record until Aug 2009".
Besides the BK, this is the ONLY baddie left on all of my reports - so you can appreciate my obsession.
I had the opportunity to ask a bankruptcy attorney who is familiar with my situation this morning and she said the same thing.
The debt was successfully discharged so IF they tried to come back it would be an easy fight to win.
Both of your responses have put me at ease - THANK YOU!
I'll happily dispute..and update here when I get results.
TO BOOT - the same creditor had listed this debt as an AUTO loan on my credit reports - instead of unsecured personal loan - I'm sure I now have a low Auto Fico Score until this can be corrected - geez louise - never seems to end
You will find , that a lot of creditors dislike the ability for a debtor to claim bankruptcy.
A lot of times they will go to extream measures to create problems for you, one that has happened to me, the creditor changes the account number at the same business in an effort to further lower my score and create problems for me.
Make sure any item that does show up after your bankruptcy that could possibly be sold to junk collectors that the date opened is the same (obviously the balance has to show zero).
They do some very wrong things and a lot of times people dont stand up to them and fight back.
Make sure you fight back, dont let people push you around simply because you are not informed of your rights.
Rsheppick:
I understand your fustration as well with dealing with your former creditor - I'll definately keep a lookout for junk collectors. Oh..don't worry, you bet I'll fight back - the laid back personality that I am can turn instantly tenacious when it comes to situations like this - I just needed to be informed & assured. Just curious, with regard to your situation, did they try that ploy once - or more then once - with you?
This forum is probably my best find in recent memory - such a great way to become and stay informed.
@Klaws1000 wrote:Rsheppick:
I understand your fustration as well with dealing with your former creditor - I'll definately keep a lookout for junk collectors. Oh..don't worry, you bet I'll fight back - the laid back personality that I am can turn instantly tenacious when it comes to situations like this - I just needed to be informed & assured. Just curious, with regard to your situation, did they try that ploy once - or more then once - with you?
This forum is probably my best find in recent memory - such a great way to become and stay informed.
If you look for my post in the bankrupcy forum, you'll see what I'm talking about *laugh*
I wanted to update this issue.
As of today this baddie is now deleted from all 3 reports! I'm looking to secure a car loan in the next couple of months and this baddie needed to disappear in order to make that happen. Thank you!