Charge-Off After Bankruptcy Filing Date...Yes or No??

[Lippy4246]

This is my first time posting on here as I have spent the last year or so researching the site for an answer to this issue with mixed results. I filed BK in 9/2009 and discharged on 1/2010. To preface this, I had no derogatories pre-BK. On my Experian credit report for my BoA credit card there is a charge-off dated 12/2009. I disputed this last year and the OC verified it. So after reading up about the subject on here the OC can't place a CO after the BK has been filed. So I pulled a new report and called Experian and got someone who was fairly helpful and spoke to another associate and told me that the OC can't list a CO after discharge. I told her that this violates the BK stay (from what I read here on myfico).  She repeated the same thing she said making me more confused.

So my question is can the OC put the CO on my credit report after I file for BK?  And if not what do I do?

Thanks in advance

[0REDSOX7]

I am actually going through this right now.

Let me ask you...did you keep paying up until you filed or did you stop paying when you retained.  For me, my payment status is listed as charged off after I filed.  See my link below.

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/Tell-me-if-this-is-right/m-p/3005002

But for me,, local FCRA attorneys ahve said this is right - because legally, after 120 days of no payments - they either send it to a collector, sell it to a collector and charge it off, or charge it off.  That is the law.  As long as the TL status shows Discharged in BK and a zero balance, than that is all that is required to be shown.  Yes, you will get dinged towards your score for the CO in your payment history, but, it is valid...and legal.

HTH.

[Lippy4246]

Fortunately or maybe unfortunately for me I never had any derogatories pre-BK on any of my accounts. I had been laid off numerous times and had to use my CCs to live on, fought the good fight and paid on time but the debt was way too much. The DOFD is my filing date, which is when my attorney instructed me to stop paying my accounts. BoA basically waited the 120 days and then CO'd the amount.  

[0REDSOX7]

Yup - this is correct, unfortunately.

[Lippy4246]

Well at least it will only stay on my CR for only another 2.5 years.  The good news is the same person I was dealing with at Experian fixed the inaccuracies on my AMEX that I have been fighting since 2011.