No, they can't report a CO for any amount after your discharge. If it was reported as a CO prior to your filing date, then that is different. But the tradeline has to read IIB and zero balance.
If your attorney is not interested, then see if another attorney will take it on. This is killing your score. Maybe one of the others can jump in with a solution as to what to do if you have to do it yourself without an attorney.
the dates are
filed May 2004
discharged August 2008
the charge off was reported January 2008
I have since gotton them to change the description to included in chap 13 debt instead of a charge off.
does this sound right? shouldnt they have reported it as included in BK right after i filed and it be off my report by now?
Yes. Is your attorney the one that won't take them to court? Seems to me that by putting the wrong date on your report it is damaging your credit profile.
They have to report accurately. Find a good consumer attorney if your BK attorney won't help you. You may not even have to go through the entire process, they may back down just receiving an attorney communication. Otherwise, if you can show damages, you might want to persue this in court.