Should I dispute?

[armymom]

Hello all, I have been lurking and doing alot of reading on this forum for quite a while.  I filed for BK on 07/07 and it was discharged on 10/08.  The problem I'm having is my EX CR through MyFico is showing late payments on most of my accounts that are IIB as of  10/08,  my discharge dates. Prior to my 10/08 the accounts are listed as closed.  It's like my BK has woken a sleeping giant.   When I go directly to EX to dispute only 2 of my 7 accounts are showing late payments as of my discharge date.  Should I still dispute even though the accounts show no lates when I go to EX?

[Scupra]

I would attempt to clean it. Just be warned that it will not be an easy battle lol Good luck!

[ezdriver]

I recommend that you pull all three of your credit reports from annualcreditreport.com and verify every tradeline reporting. All tradelines included in the discharge unless you have tradelines established post discharge. If you had late payments on any tradeline before the bankruptcy application, that history is valid and creditors will likely not remove/change same. All discharged tradelines should be reporting IIB and $0 balance. Send a letter to each of the offending creditors and include a copy of your discharge. Request written confirmation that their illegal reporting has been corrected or removed.

[Anonymous]

Creditors should not report any delinquency after the file date.  

According to the FTC Advisory Opinion Letter to Lovern dated 4/24/1998, the manner in which an account is reported to the credit bureaus should follow the Fair Credit Reporting Act, which states the following when addressing charged off accounts:

Section 607(b) of the FCRA requires credit bureaus "to follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates." In our view, it is not a reasonable procedure to label an account that has been discharged in bankruptcy as "charged off as bad debt" if the account was open and not charged off when the consumer filed bankruptcy. Such a designation would be inaccurate or misleading, because it would indicate that the creditor had written off the account at the time of bankruptcy when it had not in fact done so.

Source:  https://www.ftc.gov/policy/advisory-opinions/advisory-opinion-lovern-04-24-98

While creditors are required to charge-off bankrupted debts for their internal accounting, they are NOT supposed to report that charge-off to the credit bureaus, according to federal law.  It should also be noted that negative reporting on a discharged debt after the filing of the bankruptcy case is in violation of the permanent injunction of the bankruptcy discharge. 

Good luck.  

[armymom]

Thanks for the replies all.  I pulled all three CR's through myannualcreditreport.com earlier this month and all tradelines except one are showing IIB and  zero balance.  My Sams Discover is still showing on TU and EQ as CO and I have disputed it on both.  I began getting alerts on myfico showing lates on EX for October on most of my accounts that IIB.   I will start with sending letters with a copy of my discharge to my creditors and disputing it on EX.