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Are DC'd creditors allowed to "update" their accounts 1 year AFTER DC?

Kathyups
Regular Contributor

Are DC'd creditors allowed to "update" their accounts 1 year AFTER DC?

I was looking through my DH's credit report because he got a notification that he had recent missed payments. I know for a fact that he hasn't missed ANY payments.

I noticed 2 of his discharged creditors "updated" his CR at the beginning of August. His DC was June of 2018, so over a year ago. Their updates caused derogatory indicators to be triggered on two of his reports.

Are they allowed to do this? If not, who do I contact? The creditor? The CRA? Or?

Any help would be appreciated!
Chapter 7 DC 10/23/18
Starting FICO 8 11/22/18

Current FICO 8 9/28/20

GOAL 680 by 12/20
Current FICO 9 7/28/20

Student loans and car payments reporting positive



Message 1 of 6
5 REPLIES 5
Brian_Earl_Spilner
Community Leader
Mega Contributor

Re: Are DC'd creditors allowed to "update" their accounts 1 year AFTER DC?

Contact your bankruptcy attorney




Message 2 of 6
DaveInAZ
Senior Contributor

Re: Are DC'd creditors allowed to "update" their accounts 1 year AFTER DC?

Well, what info did they update? For a debt discharged in BK the creditor can only report it as $0 balance and "Included in Bankruptcy". If payments were late prior to filing of BK they can report those late payments, but they can't claim any late payments after filing BK becuase they were prohibited by federal law from making any attempt to collect the debt. 

In my 2010 BK I had a couple creditors who reported 60-90 day lates and then Charge off after I filed. I disputed those with the CRA as an attempt to collect a debt after filing BK, and they were promptly removed.

Message 3 of 6
FireMedic1
Super Contributor

Re: Are DC'd creditors allowed to "update" their accounts 1 year AFTER DC?

If you have the credit reports after DC and no lates were showing and all of a sudden lates were placed on your reports. This is a violation of the BK laws. No negative information can be placed on your reports after filing. Take the copies to your lawyer. He can file an injunction against the creditor and they can be fined for $1000 plus court cost and your lawyer fees in your favor.






My posts are JMHO. My siggy is not to brag at all. Just sharing my experiences after learning here from rebuild to recovery after BK DC @ 540's. Help fellow members accomplish the rebuild when you do it right and play the FICO Credit Game.
Message 4 of 6
Kathyups
Regular Contributor

Re: Are DC'd creditors allowed to "update" their accounts 1 year AFTER DC?

Now that I look back, they are updating every month for the last 6 months! I dont see what they are changing though...

They do say IIB but for balance it has a line - (it doesn't show a 0 balance).
Chapter 7 DC 10/23/18
Starting FICO 8 11/22/18

Current FICO 8 9/28/20

GOAL 680 by 12/20
Current FICO 9 7/28/20

Student loans and car payments reporting positive



Message 5 of 6
FireMedic1
Super Contributor

Re: Are DC'd creditors allowed to "update" their accounts 1 year AFTER DC?

Even more violations. I recommend as I said earlier. Take copies to your lawyer. And go from there. I'd say dispute it. but you know how CRA's are with disputes. They'll could screw it up more. The law is on your side now. Good Luck!






My posts are JMHO. My siggy is not to brag at all. Just sharing my experiences after learning here from rebuild to recovery after BK DC @ 540's. Help fellow members accomplish the rebuild when you do it right and play the FICO Credit Game.
Message 6 of 6
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