Surrendered car reporting late payment after Filing BK7

[Anonymous]

I included my car from CNAC/JD Byrider in my bankruptcy and chose to surrender it. I filed 10/03/2014. I still actually have the car. They filed a release from stay on 11/10/14 and it was approved on 12/5/14. I don't care if they come get the car as I've purchased another car already. I'm just worried now because they are reporting a late payment. I was under the impression that they are not allowed to report negative activity to the CRA. Are they allowed to report negative activity if they receive a release from stay? I thought they just needed that in order to come physically come get the car. I filed Pro Se, so I don't have an attorney to ask this question to. So far my BK7 has been pretty straightforward and tons of accounts have dropped off my credit reports already without receiving my discharge yet. My score increased about 40 points and then dropped 25 points when the late payment got reported. I had perfect payment history prior to the BK7 when I stopped paying the car. 

[0REDSOX7]

If you would have been or we're going to be 30 days late prior to filing, but I think you said you were perfect prior to filing, then the progression of a 30 to 60 to 90 day late reporting would be accurate. If they just started reporting a 30 day late after you filed, then that is indeed a violation of the automatic stay. There is a chance it will be removed once your bankruptcy is officially discharged. I would wait until at least then to dispute it this way you have the documents needed in hand. Of course if they do not remove it, you have yourself a pretty good case against the creditor and could take them to court over there in accurate reporting.

[Anonymous]

Thank you. That's what I thought. I filed 10/3/14 and the 30 days late just hit my report as of Friday 12/5/14. I was pretty sure that was in violation. I would love to sue the pants off JD Byrider. They screwed me over so bad. 

[bshockley1981]

Sorry to bring up this old thread but wanted your input on CNAC.  I have a car that we are going to let go back.  We have a perfect credit history with them but am going to let our car go back when we file.  Did you stop paying when you filed?  Im thinking to help pay for my attorney to just through my biweekly payment into the attorney instead of the ripoffs they are.  How long did it take for them to come get your car?  

Don't know how they are even in business.  Taking advantage of the people that need them most.  You would think with credit acceptance or other high interest lenders, they would be gone. We bought our car for 16k and its a 7k car.  But I can say they helped when we needed them.   Learned my lesson for sure.

[0REDSOX7]

Be sure that you are current up to the day you file, and then they cannot report you as late at all and will have no issues for surrendering the car to them. Do keep in mind that some lenders may take their time to repossess a car that may have little value to them so be sure to keep insurance on the vehicle until it is picket up by the lender's agent.

[Anonymous]

They filed a motion to lift the automatic stay about a month after my 341 meeting and came and got the car about 1 month later. I was up to date on payments until the day I filed my BK7. They actually reported me late the month I filed my BK7 and it took me several months to get it disputed off my report. They are the worst company I've ever done business with.