07-27-2012 05:21 PM
We filed chapter 7 BK, discharged in 2007. Can Experian report discharged items as derogatory or delinquent? Each item indicates that the debt was discharged, but they are still stating "derogatory" as well. We have been trying to increase our credit scores since the BK. we haven't had any other issues and pay all our bills, but Experian is making it very difficult. In addition, we paid off a second mortgage six months prior to filing Chapter 7, this debt was paid in full and not part of the BK. But Experian has reported this as "included in bankruptcy." The mortgage company has tried several times over the last 8 months to get this corrected, but Experian is the only credit reporting agency that has refused to correct this. Any help would be greatly appreciated. Thanks.
07-29-2012 01:00 PM - edited 07-29-2012 01:03 PM
Yep, the only thing they have to do is have it report a $0 balance and not be past due anymore. As far as the mortgage, if the lawyer included it in the schedule that is probably what they are going off of. If it was paid before I'd send in proof of that and fight on!!!!!!!!!!
07-29-2012 05:23 PM - last edited on 07-29-2012 05:38 PM by MarineVietVet
I believe it is a violation of the bankruptcy discharge for the creditor to misreport the tradeline especially after you have notified the CRA of their error.
Look up an article in Bankruptcy Law Network that is titled: "Violation of the Bankruptcy Discharge Injunction May have you seeing Green!" written by Mod Cut an BK attorney in SW Fl. Its a 4 part article, but it sounds like it might help you.
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