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Valued Member
Posts: 36
Registered: ‎02-05-2009
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Late Payments after filing but before discharge

I'm confused. I've been reading tons of posts today and can't seem to find the answer to this. I FILED my BK in September of 06. In October, November and December of 06, I have late payments showing 30, 60 and 90 days past due. My BK was DISCHARGED in January 2007. Can the OC's report late payments AFTER I FILE? I know they can't after it's discharged, but can they after the filing date? My CR's show the filing date of Sepember. Is this allowed? Thanks for any input on this, as I've seen different opinions listed in different posts.
Borrow money from pesimists....they don't expect it back! :smileyhappy:
Established Contributor
Posts: 1,008
Registered: ‎01-22-2008

Re: Late Payments after filing but before discharge

[ Edited ]
No late payments can be reported following the date of FILING.  Any late payments prior to filing can continue to be reported, but nothing after the date of filing.  A stay goes into effect on the date of filing - prohibiting collection activities from creditors.  If no payment is due, how can you be late?
Message Edited by kjm79 on 03-02-2009 05:19 PM

Starting Score: TU? EQ 585 EX? (12/06) (CH 7 bk 11/04)
Current Score: (5/12) TU 699 (myFICO) TU 709 (WalMart) EQ 690 EX 686 (CC denial 7/11)
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Valued Member
Posts: 36
Registered: ‎02-05-2009
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Re: Late Payments after filing but before discharge

Thank you, kjm!! :smileyhappy: That's what I thought but I wanted to verify. I disputed on line today with EX so I hope they fix this!!
Borrow money from pesimists....they don't expect it back! :smileyhappy:
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Re: Late Payments after filing but before discharge

You are most welcome.  Be prepared, sometimes when you dispute account IIB the CRA asks for your schedules and BK info.  You can send your notice of filing and ifyou do send any schedules redact any other account info that you are not disputing.  For example, if you are disputing Account A and the schedule lists Account A-F, black out all account information pertaining to accounts b-f.  You don't want to give then CRAs anymore information than they need.  Also, I know that after my bk back in 2004, when I disputed some lates that were reporting after the filing date or accounts that should have stated IIB and said charged off or bad debt, the creditors didn't verify and they were just deleted.  Just make sure they all say Include or Discharged through BK, no lates reporting past filing date, no balances reported, and certainly no past due amounts reported.  Good luck.

Starting Score: TU? EQ 585 EX? (12/06) (CH 7 bk 11/04)
Current Score: (5/12) TU 699 (myFICO) TU 709 (WalMart) EQ 690 EX 686 (CC denial 7/11)
Goal Score: 720 Across the Board by Mid 2012
Take the FICO Fitness Challenge
Regular Contributor
Posts: 191
Registered: ‎06-13-2008
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Re: Late Payments after filing but before discharge

same thing happened to me...only I just figured it out now and there are about 8 late payments that have been on my report that should not be ..I filed may of 07 and I have late payments showing in sept of 07when even my discharge was aug 07..I even have a mortgage payment showing on experian from july 07  and my mortgage was not reaffirmed even though I kept my home. 

Another question...what about that C/O that shows...? I have some of those reporting even last year!!!!! you would think one time would be enough..some do actually sho C/O the month I filed but keeping showing that C/O for a few months after..is that counting again me like a late payment every time they report it that way? 

I hope not ...that might explain why some creditors deny me saying I have late payments when this is why.

thanks for any help!

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Re: Late Payments after filing but before discharge

Yep.  Dispute any late payments, co, bad debt/charge off notations.  May of 07 would be the last month late payment or collection notations would have been permitted.  Anything after that violates the bk stay.  My bk was back in 2004 and when I found this site and started clean up, I found an account that was IIB, and continued to report late payments all the up to as current as sept 2008.  So for four years, every month I had a late payment notation on this account that was IIB.  I disputed it with both the CRA and the OC, it ended up being deleted entirely. 

Starting Score: TU? EQ 585 EX? (12/06) (CH 7 bk 11/04)
Current Score: (5/12) TU 699 (myFICO) TU 709 (WalMart) EQ 690 EX 686 (CC denial 7/11)
Goal Score: 720 Across the Board by Mid 2012
Take the FICO Fitness Challenge
Regular Contributor
Posts: 191
Registered: ‎06-13-2008
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Re: Late Payments after filing but before discharge

thanks  thats what I thought...I have more of those C/O s than anything...like 20 or so!!!???do you think they count like a late payment?each time it gets reported as a C/O??  it is mostly with experian I notice  I am going to check mine right now...if this all gets changed I might get some points back!

 

And oh yeah...I read on this site the other day that when your bk becomes 2 years it might raise the score a little..what is your insight on that?10 or 20 points is good tome!!

thanks for the help!

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Re: Late Payments after filing but before discharge

I think my bad account was with EX too.  They are counted as a late payment.  When EX offered their scores and reports via MyFico and you went to "Your Credit at A Glance" page of the report, it listed things like past due, length of credit history, and late payments.  My first pull from EX on this site showed 99 late payments.  You can believe that my eyes popped out of my head and my jar hit the keyboard.  After doing my repair work and getting prohibitted lates and co removed, as well as deleting accounts, as of early February I was down to about 10 lates (which are valid and pre bk so I'm GW'ing the heck out of those companies). 

 

Derogatory notations (which would include a bk) do have less of an impact when they reach two years of age.  Again, I love this site, on the "Understanding Your Fico Score" section on your fico reports, one of the positive factors on my scores is that my public record is 4 years and 4 months old.  I, nor can anyone else, tell you what kind of score change to expect.  There are too many variables, debt utilization, average age of accounts, types of accounts, etc... to give you a number.  However, having said that, if you make all your payments on time and keep your utilization low, and your BK turns two, you should expect to see some increase. 


Starting Score: TU? EQ 585 EX? (12/06) (CH 7 bk 11/04)
Current Score: (5/12) TU 699 (myFICO) TU 709 (WalMart) EQ 690 EX 686 (CC denial 7/11)
Goal Score: 720 Across the Board by Mid 2012
Take the FICO Fitness Challenge
Regular Contributor
Posts: 191
Registered: ‎06-13-2008
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Re: Late Payments after filing but before discharge

thanks your alot of help!..  I just went to my credit monitoring site...it showed 8 late payments after I filed bk7 and 28 of those C/O after my bk7 was filed...Now I did however count the late or C/O showing for the month I filed ..should they be gone too? I filed 5/7/07...so I wouldn't think showing a late payment for 5/07 or those C/O would be justified ?

what do you think?

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Posts: 1,008
Registered: ‎01-22-2008
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Re: Late Payments after filing but before discharge

Cleaning up after Bk is tough, as others on this board and other boards will tell you.  I wish I would have started sooner and found this site sooner.  You will find so much information here.  Sometimes, more than what you know what to do with. 

 

The month of filing is ok for them to report.  It's the last month you were technically late or missed a payment with them even though you filed on the 7th. 


Starting Score: TU? EQ 585 EX? (12/06) (CH 7 bk 11/04)
Current Score: (5/12) TU 699 (myFICO) TU 709 (WalMart) EQ 690 EX 686 (CC denial 7/11)
Goal Score: 720 Across the Board by Mid 2012
Take the FICO Fitness Challenge

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