Reporting of lates AFTER discharge of BK?

[Anonymous]

This question cropped up last night in another thread I had started, and I have searched the site but can't find an answer or even an opinion.

I filed for CH 7 BK in May 2001 and one of the accounts included was a home equity loan with Homcomings Financial.  Once my BK was filed, and on the advice of my lawyer, I stopped making payments.  Homecomings started reporting lates on my CR in Aug 2001 and continued through Jan 02 for a total of 6 lates.  It is my understanding that once your BK is filed, it doesn't matter how long it takes to get through all the hoops of the legal system, your filing date ends up being your discharge date.  My actual day in court was July 10th, when the judge made the decision.  My question is, should Homecomings being hitting my CR with lates AFTER my discharge?  I was up to date with payments until after I filed for BK.  Is what they are doing a violation of the Fair Credit Reporting Act?

[Anonymous]

Gee, no one has any thoughts on this?  Guess I'm going to have to break down and call my lawyer.  Still willing to hear thoughts on the matter though.

[Anonymous]

I ran into the same problem when I filed my 13.  A creditor put a 30 & 60 day late on my reports.  I disputed and sent proof the account was part of my 13 and they wiped them off

[Anonymous]

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&thread.id=14612

[Anonymous]

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steelfan wrote:

I ran into the same problem when I filed my 13.  A creditor put a 30 & 60 day late on my reports.  I disputed and sent proof the account was part of my 13 and they wiped them off

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Thanks for the feedback. I think I will draft a letter tonight, but I spoke to a government office in my state that sounds like they would be willing to investigate.

[Anonymous]

Thank you Noah. Not sure how I missed that posting, as I read pretty much everything you post.

[Anonymous]

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KevKaos wrote:

Thank you Noah. Not sure how I missed that posting, as I read pretty much everything you post.

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I posted 'em both right about the same time. Wanted to start a thread to add to the Frequently Requested thread list.

[Anonymous]

*** UPDATE and follow-on question ***

I filed another dispute with Exp and Equ, and came back from vacation to find letter from both. On one, they have supposedly removed the late payment comments, and on the other, it appears that that have removed Homecomings completely from my CR.  I want to pull my reports again so I can see what is entered and what my score might be now that these items are (if) cleared up.  I last pulled my CR's on June 19th.  Am I likely to notice much change if I pulled my reports on the 19th of this month or should I wait it out a bit?  I don't have Creditwatch or any of those things because I really can't figure out which one to go for and I would hate to pay for my reports and scores just to find that they haven't been updated yet.  Thoughts?

Message Edited by KevKaos on 07-16-2007 11:10 AM

[Anonymous]

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[VLGaffEsq]

I just read about your situation and here's another point to keep in mind (I have been assisting my brother through some nasty litigation, including a bankruptcy action...), your actual filing date IS NOT your "discharge" date.  Your discharge date will be based upon the trustee approving your case (barring no major opposition grom any creditors) and approving a final discharge.