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Hey everyone. I am new here but have been lurking for awhile. As the title says I filed for chapter 7 bankruptcy and it was discharged in 2003. I just checked my credit report for the first time in years and I see that there is a credit union on there that I had a line of credit for $400 with that was included with the bankruptcy and they are still reporting.
Here is pretty much what it says:
Date Opened:05/10/2002
Date Reported:05/31/2013
Date Major Delinquency First Reported:05/2013
Date of First Delinquency:07/2012
And then towards the bottom it says:
Comments:Bankruptcy chapter 7,
Bankruptcy discharged
What in the world do I do with this? This is a local Federal Credit Union here in town. Do I walk into the branch and ask to talk to someone? Call them? I am just not sure where to start and thought that maybe someone here may have some idea.
Thanks for any help!
Was the account in default when it was included in the BK?
If it was, it should have come off with its own DoFD.
Something isn't right but I would ask the BK attorney if he/she is still around.
Thanks for the reply. It was in default when I filed as I was advised to stop paying all bills. I did try to find the lawyer I used but I cannot find him in the phone book. Do you think there is anything that the bank itself could do? I wouldn't imagine that they would be too helpful to someone that they think owes them money. I just want this gone from my report.
Do you still have all your documentation showing it was IIB?
You can always file a direct dispute with the OC and include all the documentation you can to back up your dispute.
So it was defaulted on in 2003? Seems like some major reaging going on here. You can direct dispute with them.
I do still have all the documentation. Do you think it would be best to just go there? Not sure who I would even start with.
Edit: Yes it was discharged in 2003.
My Fico score is 685 and this is pretty much the only thing holding my scores back now.
Here is what Transunion says:
Date Opened: 05/10/2002 Responsibility: Individual Account Account Type: Line of Credit Account
| Balance: $0 Date Updated: 05/31/2013 High Balance: $440 | Pay Status: >Account Included in Bankruptcy< Date Closed: 01/31/2012 |
You could go there but it would be unofficial so to speak. With a direct dispute they have to respond to you within 30 days and tell you what they find. They would say it is accurate or delete it. If they say it is accurate they will have some explaining to do. They could very well be in contempt of violating the BK discharge and be in a lot of trouble.
The TL should have been closed and showed 0 balance as of the filing date of the BK.
Here is the direct dispute template:
This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), of the accuracy of information you have reported to my credit file.
In compliance with FCRA §623(a)(8)(D), and enacting regulations published at 16 CFR § 660.4, this Notice of Direct dispute includes:
Identification of the specific information being disputed:
(specify the account number, and the specific information that is disputed under
that identifying account)
Basis for the dispute:
(how the reporting was inaccurate; was any reporting in violation of any statutory or
regulatory provisions? account or express agreements? CRA reporting gudelines? Account not
yours? etc.)
Supporting documentation:
(all documents that support your dispute; it is recommened to also include,
as part of your documentation, at least a copy of the portion only of your
recent credit report showing their reporting of the disputed information was
actually reported to your credit flle. The implementing rule suggests a showing
that it appeared in your credit report)
Thank you I appreciate the help!
+1 Shogun, Major reaging happened. which is a violation of the stay. I would contact your BK attorney. Big no no on the CU part.
Thanks again for all the help guys.
Just to clarify, the Credit Union has not sent me anything regarding me owing them money. The only thing that I am worried about is that they have started reporting this to my credit report as I have outlined above. My main objective is to obviously get that removed.
I should be in the right requesting that they remove this correct?
I have all of my paperwork together that shows that this was discharged in 2003 so I think I have all my bases coverd.