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How to handle CU account reporting after CH 13

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ALD22
New Contributor

How to handle CU account reporting after CH 13

Hello! I would just like to get some advice on what to do with this credit union account, I have a feeling they are reporting when they shouldn't be. I filed for chapter 13 in August 2018. At the time I included all of my debts, including this CU account. During the process there were several creditors that did not claim or validate the debt and did not get paid from the ch13. I made all payments on time and paid everything 100%. I did not receive a discharge because I filed the ch13 less than 4 years from a ch7 in 2014. I just want to know if it is legal for the credit union to keep reporting even though they were included, and would have been paid back 100% if they would have claimed or validated the debt. Also I did not make a payment to them in Aug, Sep, Oct 2018 because I filed in Aug 2018, so I don't know how they are reporting a payment for those months. 

 

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despritfreya
Frequent Contributor

Re: How to handle CU account reporting after CH 13

"I made all payments on time and paid everything 100%. I did not receive a discharge because I filed the ch13 less than 4 years from a ch7 in 2014."

 

While I cannot comment on what should or should not be on a CR, the failure to file a timely proof of claim only has importance if there is a discharge at the end of the case.  Since you did not get a discharge, you still owe each creditor who did not get paid in full regardless of whether or not a POC was filed.  In fact, unless your Plan provided for the contract rate of interest to be paid, you actually did not pay those who filed timely claims in full.  While such is not likely, each of those creditors is free to attempt to collect the balance due (accrual of interest).  I would assume your attny advised you of this.

 

Des

 

 

Message 2 of 3
tehdrizzle
Contributor

Re: How to handle CU account reporting after CH 13

Seems normal to me based on my circumstance.  I just received my discharge back in May and I still have 38 negative/collection items on my report even though they were included in the bankruptcy.  If they report the items before the bankruptcy, it will take 7 years for it to fall off I'm finding out.

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