04-11-2007 10:29 PM
04-11-2007 11:02 PM
04-14-2007 12:20 AM
04-14-2007 01:05 AM
04-14-2007 05:27 AM
Noah_Bodie wrote:Did some more digging. Accounts included in a BK can be listed, but anything other than a 0 balance and "Included in BK" is incorrect reporting. Can't list it as a charge off or collection. Creditors have to charge off the debt, but they cannot report it as such unless it was charged off BEFORE the BK was filed.This is true but I no I have a nightmare with one medical collecvtin. My BK was filed in 11/2000 and this creditor keeps updating the account to show a blance due. They initially updated it to show the wrong date of BK . I cannot tell you how many times I disoputed this with EQ each time they would correct it and then within 30 days the balance would be back. Finally told them to correct it or delete it, which you can demand deletion if the creditor fails to report correctly, lets see what happens. I think this is somewhere between the 7th and tenth time this has happened with this creditor.
04-14-2007 09:03 AM
There is caselaw for this. Goodfellow vs. Discover Financial Services
Discover Bank v. Owens (2004), 129 Ohio Misc.2d 50, 2004-Ohio-7333
There is also an FTC staff opinion letter, Brinkerhoff-Lovern, on the subject. Still searching for it online.