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Late Payments after filing but before discharge

New Visitor

Re: Late Payments after filing but before discharge

does anyone have proof that after filing the lenders can't report lates even if its before discharge? i'm working with someone in this same case and the lender is saying they can report up to discharge. I need some type of law code to help me out??

Message 21 of 36
New Visitor

Re: Late Payments after filing but before discharge

hi there. i need some assistance with this too. i had mortgage lates on 8 loans and all the creditors stop reporting after i filed except one. GMAC. They claim they can still report up to discharge. I can't find anything on line to dispute them. they want a legal code or something showing they shouldnt...can you help?
Message 22 of 36
New Visitor

Re: Late Payments after filing but before discharge

hello. did you ever find your answers?? i need help too!
Message 23 of 36
Regular Contributor

Re: Late Payments after filing but before discharge

to be honest I think  it is the credit bureau...transunion seems to clear out all ;prior history...lates and on times...equifax just stops reporting and experian keeps showing lates after the filing and some of mine(experian only) showed lates after the discharge..I had to fight tooth and nail to get some removed but they absolutely refuse to remove the one after my filing ...filed dispute on line and through mail...no luck..tried like 4 times
Message 24 of 36
New Visitor

Re: Late Payments after filing but before discharge

hello there. I haven't had any success. I've disputed and argued with them on the phone.

it looks like they won't remove. they even added more lates and the foreclosure on my credit. It seems like different people get different answers. i wish there was somewhere we can quote a code or seomthing? any luck?

 

Message 25 of 36

Re: Late Payments after filing but before discharge

I also hope someone knows the statue or law under the BK code (not just the stay order) that can be quoted to Experian about not reporting lates after filing. I was not even late, but they have reported lates. Even with creditor saying they dont report after BK.

Experian needs a lawsuit this is unconstitutional that they can get away with ruining peoples credit for years and years after filing.  Some of my accounts have been aged to 2009. I filed 2004.

Message 26 of 36

Re: Late Payments after filing but before discharge

This may be the first piece of the puzzle, next needs to be bankruptcy code.

 

Here is the entire legal text of the Fair Credit Reporting Act pertaining to the credit reporting time period (if you quote it is "Section 605 of the FCRA"):

§ 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c]

(a) Information excluded from consumer reports. Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:

(1) Cases under title 11 [United States Code] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years. (2) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period. (3) Paid tax liens which, from date of payment, antedate the report by more than seven years. (4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.(1) (5) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.1

(b) Exempted cases. The provisions of subsection (a) of this section are not applicable in the case of any consumer credit report to be used in connection with

(1) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of $150,000 or more; (2) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of $150,000 or more; or (3) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal $75,000, or more.

(c) Running of reporting period.

(1) In general. The 7-year period referred to in paragraphs (4) and (6) of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action. (2) Effective date. Paragraph (1) shall apply only to items of information added to the file of a consumer on or after the date that is 455 days after the date of enactment of the Consumer Credit Reporting Reform Act of 1996.
Message 27 of 36

Re: Late Payments after filing but before discharge

2nd piece of the puzzle: NEGATIVE REPORTING ON A DISCHARGED DEBT IS A VIOLATION OF THE PERMANENT INJUNCTION OF YOUR DISCHARGE There is case law to support this. The case is Goodfellow vs. Discover Financial Services and you can read that case here: http://207.41.19.195/scripts/show_matches....ings=Goodfellow and Continuing to report a discharged debt as due and outstanding after bankruptcy is a violation of the US Bankruptcy Code, says the U.S. Bankruptcy Court for the Middle District of Florida. The case? In re Fox, 3:05-bk-12267 (Bankr. M.D.Fl). Here, the court relied heavily on two of my cases, Russell v Chase Bank USA, NA (In re Russell), 378 BR 735 (Bankr. EDNY 2007) and Torres v. Chase Bank USA, NA (In re Torres), 367 BR 478 (Bankr. SDNY 2007), for the propositions that [w]hen a creditor falsely reports unpaid balances which are stayed or discharged by a bankruptcy, it impermissibly attempts to collect that debt in violation of the automatic stay . . . and the discharge injunction . . .
Message 28 of 36
Highlighted
New Visitor

Re: Late Payments after filing but before discharge

So I filed a chapter 13 bankruptcy in February of this year and every moth since then my car loan company has reported a late payment on my mine as well as my husbands credit report. Is this a legal practice of should I dispute this with the credit reporting agency. I read the previous comments and they seemed more directed at a chp 7. Any help or information is greatly appreciated.

 

Thanks! Smiley Happy

Message 29 of 36
Member

WHAT???

ARE YOU KIDDING ME????!!!!?!?!?!?

 

Thank you so much for this information.. I have 7 late payments that are falsely reported as past due after filing in 07 and I am just discovering this now. IN 2012!!!! Ugghhhh the pain I have endured. I want a lawyer I want recourse I am soooooo mad at this moment...

 

Now off to write my certified letters. And if I don't get what I want in 30 days I'm marching STRAIGHT into an attorney's office. Or maybe I should march right now.

 

Ugggghhhhhhh

Message 30 of 36