Help Getting a Repo Removed from credit Report

[mlibby]

I filed bankruptcy on April 2 2011 because of medical bills. I sent a car back in 2011 with the bankruptcy. I notified the company which was a buy here pay here. They charge 8000 for for a 3000 dollar car and 29.99% daily. The car was current when I filled and was told to stop making payments and send it back once the bankruptcy was complete. They can not post negative information after a bankruptcy. This company is flagging it as a repo. equifax removed it and it is currently in review though transunion. I can not get experian to remove it without sending more info in. But what can I send in? Help would be great here thanks.

My score jumped 82 points in a month by having items removed that where incorrect. According to experians score

[StartingOver10]

First send the creditor that is posting incorrect information a notification that they are violating the discharge injunction.

You can download a copy of your petition and your discharge from Pacer.gov

Those two items will be enough to get them to report correctly. Correct reporting is showing the tradeline as iib and zero balance (iib = included in bankruptcy).

If they ignore your letter and they don't correct the notation on your credit reports, contact your BK attorney and have him send them a letter.

Provide a copy of your letter to your attorney so he knows exactly what you sent.

[RobertEG]

If the debt was included under the BK order, then they must update their reporting to show the debt to now be $0.

Debt discharged, either by its payment or by a BK, does not erase the fact of any delinquencies or other derogatory information on the account that occured prior to the discharge of the debt.

The fact that their reporting itself may have occured after the discharge of the debt is not the pertinent issue.

If the derogs legitimately occured, they remain reportable.

[StartingOver10]

Robert, as I understand it (and I know that you are the guru on this one), the critical date is the BK Ch 7 filing date and the only notation that the creditor can make after the filing date is the iib and zero balance date for the tradeline. No other notations can be made subsequent to the filing date because of the automatic stay.

Technically the car would not have been repo'ed at all because if the OP filed BK and was current, then in his petition he would have had to either surrender the vehicle or reaffirm. The OP did not reaffirm. The creditor for the TL would have had to file a motion with the court to lift the automatic stay to get the collateral - all of that is in the BK. The OP surrenders the vehicle and the TL is marked iib with zero balance. The repo can not occur, because the filing date was prior to the repo/surrender and it was given back or taken back during the automatic stay. It was a surrender in BK and not a repo. So the reporting of that TL as a repo is not correct.

If the BK is dismissed and not discharged, then subsequent actions, like a repo, can be notated on the CR. But in the OP's case, s/he received a discharge and not a dismissal.

[mlibby]

Here is the thing the car in its self was never REPOed or late on payments. I included them in bankruptcy and they went and repo the car they go the bankruptcy notice even before it was discharged. still made payments till discharge to avoid a repo being reported