01-24-2013 07:44 AM
I filed chapter 13 in 2004. one creditor did not file for the entire amount of the loan. when I was discharged in 2008, that creditor reported the unclaimed amount as a charge off. Equifax refuses to remove it because the creditor says its valid. i even sent equifax copies of the bankruptcy showing the account included.... is what the creditor did legal? not claim full amount and then charge it off?
01-24-2013 08:16 AM
I would say no, but I'd check with an attorney to be sure.
01-26-2013 08:56 AM - edited 01-26-2013 08:58 AM
i called an attorney and he said that it didnt sound like it should be happening. oh and when i sent equifax my bankruptcy docs to prove the bank was wrong, equifax add the bankruptcy back to my credit report with a filing date of the day i was discharged..... it had already fallen off because it had been 7 years since i filed.... I learned that the consumer financial protection bureau regulates the CRA's. I filed a complaint with them about what equifax is doing to me. http://www.consumerfinance.gov/
01-26-2013 12:15 PM
01-27-2013 09:18 AM
yes i was discharged. it looks to me buy the trstees final report that the credit was paid more than their oringinal claim amount. Did i mention that it appears that the creditor is reporting the charge off under a different account number as well?
01-27-2013 02:43 PM
Definately go back to your attorney so that he can get this in front of the BK court. Sounds like this creditor needs sanctions placed against them. I'm sure your attorney will want to send a letter to the creditor first and the creditor should back right off and remove the TL. If they don't - go after them.
01-27-2013 10:11 PM
01-27-2013 10:29 PM
No, it is not legal.
Chapter 13 Bankruptcy is a repayment plan, but general unsecured creditors who are not paid in full lose the right to collect the balance of their debt upon the successful completion of a Chapter 13 Bankruptcy.
Most Chapter 13 bankruptcy cases pay out less that 100% to the general unsecured creditors. General unsecured creditors include, for example, credit cards, medical bills, personal loans, utilities, payday loans and personal signature loans. If these types of debts are not paid in full by the completion of the Chapter 13 Bankruptcy plan payments, the remaining balance is eliminated, or discharged.
01-28-2013 09:39 AM
01-28-2013 12:40 PM
ok just to clarify. This was a secured creditor and they are not trying to make me pay the money, they are just reporting a CO on my credit for an amount they say they didnt get through the court. I did call my attorney and he didnt sound interested in pursuing it. said he was not familiar with the credit reporting laws or something. maybe i didnt explain it well enough to him.
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