Question about collections & BK

[Anonymous]

My DH is 4 yrs post BK.  We want to buy a house so I pulled his reports last night and got a copy of his bankruptcy out.

He has 2 medical collections from June 2010 - he tore something in his shoulder.  He filed BK Aug 2010.  These collections were reported in 2011 - incurred prior to BK and reported post BK. .  DH pd these as soon as he received notification from those 2 CA's  He said he didn't know he shouldn't have paid them.  He HATES any kind of collection.   It reflects pd on the reports but there is also a comment that says included in BK???  Is that allowed?

I guess my biggest question is, should I try to get these removed?  Will it help his score out at all with all these baddies and BK??  If I try and send a GW letter for him, what wording do I use??  His mortgage midscores are only 6 pts away from 700, not sure if we will get better rates if he gets it to 700.  Or is it just not worth fooling with at this point??

Thoughts, comments??

[gdale6]

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@Anonymous wrote:

My DH is 4 yrs post BK.  We want to buy a house so I pulled his reports last night and got a copy of his bankruptcy out.

He has 2 medical collections from June 2010 - he tore something in his shoulder.  He filed BK Aug 2010.  These collections were reported in 2011 - incurred prior to BK and reported post BK. .  DH pd these as soon as he received notification from those 2 CA's  He said he didn't know he shouldn't have paid them.  He HATES any kind of collection.   It reflects pd on the reports but there is also a comment that says included in BK???  Is that allowed?

I guess my biggest question is, should I try to get these removed?  Will it help his score out at all with all these baddies and BK??  If I try and send a GW letter for him, what wording do I use??  His mortgage midscores are only 6 pts away from 700, not sure if we will get better rates if he gets it to 700.  Or is it just not worth fooling with at this point??

Thoughts, comments??

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Reporting a collection post BK is really a no no, they are aware of it per their IIB comments. Being it wasnt on the report prior to filing of BK I might contact your BK Trustee and have him apply pressure. You dont want it to update or its going to drop the score.

[ezdriver]

I recommend using an attorney to communicate to the creditor and collection agency that a serious reporting violation has occurred. I doubt you'll get any response from the trustee for that case that was closed so long ago...but you can try. I couldn't get any response from my trustee only 90 days post discharge. 

[StartingOver10]

^^^EZ nailed it.

It isn't the trustee's duty to respond after your case is closed.

However it is a violation of your discharge injunction. Either have your attorney handle it (write a letter to the CA) or get a good consumer attorney that knows how to handle violations of the discharge injunction.

Usually a letter will do. if it won't a suit will work in your favor and the CA will be responsible for your attorney fees plus you will end up with $$ in your pocket. Not having collections on your CR will make a huge difference.

[0REDSOX7]

On a semi-related note, google how to "Opt Out" prior to applying for a mortgage.  You will read several horror stories where JDBs and others will add a TL to your credit report after they see a mortgage inquiry in hopes of getting you to pay to delete the TL despite it being a violation of the discharge injunction anyway.