Creditors report accounts late after BK

[carolina98]

I filed BK7 in Feb. 2011 and decided it was time to start cleaning up all wrongly reported latest on CR, which I had been advised on this forum would occur. I had paid my bills up to filing, with the exception of one, which I knew would show as 30 days late. All my accounts, however, are now reporting late payments. They are all listed as negatives and inaccurately report late  payments on Equifax. I truly am shocked by the extent of this.

This has to be intentional on the part of creditors to impose maximum harm to those who file BK, with the false reporting also illegal.

One account keeps updating each month as first reported late and has reported me late Feb. - April. I was never late on the account in the 8 years I had it.

I'm currently showing 15 accounts reporting me late, when I actually should only have a total of three 30-day late payments, and two of those three are two years old.

This is far worse than I ever expected. I have no idea what my credit score is, but it must be extremely low due to these falsely reported late payments.  Now I know another reason why they say your credit is destroyed by BK -- it's destroyed by illegal, false, retaliatory reporting by creditors.

I'm worried if I'll be able to set the record straight.

I'm surprised that at as widespread as the problem is of creditors reporting inaccurate information that there hasn't been a lawsuit. I think this has to be intentional to make it as hard as possible for BK filers and to dissuade others. If they can get  reporting  right before BK, they can get right afterward.

[Anonymous]

carolina,

have you discharged yet?

[Hopelives2]

The lates on my CR showed until the month after my BK was fully discharged.

Maybe check yours in June as the discharge, if 341 meeting has occurred, should be 5-11-01 (3 months post filing).

After the discharge, I checked my CR and everything was showing as IIB... except for one line item.

[carolina98]

I have not been discharged yet. I'm scheduled for that about 5/16.

Are all these lates then supposed to go away? Even a student loan with Wells Fargo, which i have continued to pay, is reporting as late. One creditor is updating each month reporting me late.

I will wait til after the discharge to try to clean this up.

In researching this issue, I do see at least one class action suit was filed againt creditors for inaccurately reporting late payments after BK and for continuing to update CR reports. The creditors lost and had to pay. But according to an attorney that handled the class action, he reports on his blog creditors continue to do it. And he has filed cases other than class action on this issue against creditors. My attorney says creditors reporting late when you're not late is harrassment and illegal.

I

[chasmith]

Reporting against a BK between the filing and discharghe dates is a gray area to me.  There are various opinions I've seen but never a legal citation or case.

Any late indicator that occurred before filing can remain.  I have accounts that report IIB abd a "Major Delinquency" (KD I think) code in the month of discharge.

Give it a month after discharge, by July most but possibly not all your TLs will report IIB ending no later than filing date.  As I stated, lates reported before the filing can remain.

I had two problems I had to deal with creditors on -

GEMB tried to include cards I wasn't using that had zero balances and were "closed by credit grantor" before I filed as IIB.  I had credit reports proving they reported them closed by creditor BEFORE filing and got the IIB removed, returned to accurate close by creditor dates.  I doubt they would have corrected if I couldn't prove their actions.

Toyota Finance and one CapitalOne card tried the monthly updating as IIB game.  I sent 623 letters, they wrote back and said they were reporting correctly, but the monthly updating ceased and the age of my most recent derogatory went back to the month of my discharge.

That's about the best you'll get.