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Posts: 1
Registered: ‎02-02-2010
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Reporting betwwen time of Filing BK & Discharge?

Hi All,

 

I have been reading posts here for the last several months. Very good info. But now I have a question , and hope I can help others in the future as well. 

 

A Short History:

Filed Chapter 7 Bankruptcy Oct. 2008 - It was ugly with a not so nice Trustee

Discharged Jan. '09 - Still awaiting closing as trustee has to dispurse funds from proceeds of items surrendered/auctioned

Credit scores have rebounded slightly, but are stagnant.

18+ years of excellent credit  & payment history. No delinquencies up to filing date of BK.

Checked credit reports Mar. '09 to check problems.

Recently denied credit (Credit card from BK friendly (HA!!) bank, on THEIR solicitiation) - Due to no "RECENT" revolving credit.

 

Which leads to my question, finally.

 

On my  report it shows three accounts that are showing delinquent from the date of our filing until discharge of the BK. This is ironic, as once the BK is filed, lenders will not accept payment. (Usually they return it) and remove all access from online accounts, etc.  From what I understand the accounts should NOT show delinquent after the actual filing date.

 

Can any of the long timers, or anyone who has been through this confirm this, and/or lead me to documentation?

 

As I mentioned... even until the date of filing I never missed a payment. If it is being reported incorrectly I would like it fixed.

 

I did contact the CRA via phone. They started a dispute, I actually received a notification the next day and a new copy of the report. They had removed some information totally, corrected a couple entries as well... but the late payments are still showing.

 

Thanks in advance!

Senior Contributor
Posts: 4,635
Registered: ‎03-11-2007
0

Re: Reporting betwwen time of Filing BK & Discharge?

Debts included in a BK should reporting zero balance, zero due, show nothing past due after the date of the filing, and should be noted as "included in bankruptcy".

Brinkerhoff-Lovern FTC Staff Opinion letter
http://www.ftc.gov/os/statutes/fcra/lovern51.shtm

Goodfellow vs. Discover Financial Services (United States Bankruptcy Court for the Northern District of Iowa)
http://207.41.19.195/scripts/show_matches.pl?file=decisions/20030903-pk-TERRI_J._GOODFELLOW.html&str...

Russell v. Chase Bank USA
http://www.nyeb.uscourts.gov/opinions/cec/262547_17_opinion.pdf

Torres v. Chase Bank USA
http://www.nysb.uscourts.gov/opinions/rdd/149951_26_opinion.pdf

Gilyard-McKenzie v. HSBC Bank USA
http://www.nyeb.uscourts.gov/opinions/ess/258420_35_opinion.pdf

Part 3: The Basics Of Credit Management
Lesson 6: Is There Life After Chapter 7 Bankruptcy?
http://www.pueblo.gsa.gov/cic_text/money/personalfin/lesson6.htm

MyFairCredit.com, Bankruptcy Reporting Forum
http://www.myfaircredit.com/forum/viewforum.php?f=6

Member
Posts: 8
Registered: ‎02-21-2013
0

Re: Reporting betwwen time of Filing BK & Discharge?

I have the same problem. Experian is reporting a CO after 3 years of my bk-filing and discharge sooo annoying, I contacted citibank and they said the sold it on 12/10/2010. then sent me a letter stating they cant verifiy, please contact there bk dept. bla bla bla my bk-7 filing was on 9/18/10. they were both entered codes for bk and filed on that date. my discharge was on dec27,2010. All of the sudden in april 2013 they decided to report a Charge off on my citibank account. its not fair! i wanted completely deleted. this has coast me alot of money trying to fix, etc. im soo over it. what happen to the automatic stay act, or other bk code. please help.

Starting FICO Score 2010: >> 629
Current >>>> 12-22-2014 - (700 Experian) - (713 Equifax) - ( 699Transunion) -
Goal FICO Score: 770+ For all 3


Starting Score: 629
Current Score: 713
Goal Score: 780
Take the myFICO Fitness Challenge

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Member
Posts: 8
Registered: ‎02-21-2013
0

Re: Reporting betwwen time of Filing BK & Discharge?

what should i do? someone please HELPPPPPPPPPPPPPPPPPPP

Starting FICO Score 2010: >> 629
Current >>>> 12-22-2014 - (700 Experian) - (713 Equifax) - ( 699Transunion) -
Goal FICO Score: 770+ For all 3


Starting Score: 629
Current Score: 713
Goal Score: 780
Take the myFICO Fitness Challenge

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