JD Byrider reported repossession after discharge

[Anonymous]

My BK7 discharge went through 1/13/15. I just checked my experian report and they've reported the car I surrendered as a repossession. Last month they reported it as a late payment. I was under the impression that that is a complete violation of the automatic stay and the discharge to report that? What can I do? I filed my bankruptcy pro se so I don't have a lawyer to talk to.

[StartingOver10]

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@Anonymous wrote:
My BK7 discharge went through 1/13/15. I just checked my experian report and they've reported the car I surrendered as a repossession. Last month they reported it as a late payment. I was under the impression that that is a complete violation of the automatic stay and the discharge to report that? What can I do? I filed my bankruptcy pro se so I don't have a lawyer to talk to.

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Two points:

1) yes it is a violation of the discharge injunction to now report it as a repossession when the debt has been successfully discharged

2) my guess:  they saw you were pro se and decided to take advantage

Now it is time to hire an attorney since they have violated the discharge injunction. Get a good consumer attorney to represent you. The creditor will be responsible for your attorney fees and you will make some money off the bad reporting  of the tradeline. Get right on it though. This is NOT the time to do it yourself.

[ezdriver]

I would send the creditor a letter [certified return receipt] along with a copy of your discharge. Ask that they correct the report or you will have an attorney sue them for violating the discharge injunction. If they do not respond in a reasonable time, then retain an attorney.

[Anonymous]

I had similar thing happen to with with an collection. posted it  2 weeks after  my court date for chp7..

I did a dispute with all three  CB`s and it was removed with in a week from all 3 reports.  no lawyer needed.   YMMV......

Good Luck 

[StartingOver10]

lol...the reason I suggested an attorney was for the OP to get paid $1000 or more for the violation plus the attorney is free because the creditor has to pay for it.

It is up to the OP...

[Anonymous]

They have since updated my CR to say included in Ch7 BK however, they did not erase the payment history that they recently put while my automatic stay was in place. I have to dispute once again. 

[0REDSOX7]

FYI - if you were 30 days late prior to filing - your creditor is allowed legally to continue to report the progression of that account - so that means they can report 60/90/120/CO in the payment history and is perfectly legal.

As long as the TL says the acct was IIB and has a zero balance, that is all that matters.

[jim44]

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@0REDSOX7 wrote:

FYI - if you were 30 days late prior to filing - your creditor is allowed legally to continue to report the progression of that account - so that means they can report 60/90/120/CO in the payment history and is perfectly legal.

As long as the TL says the acct was IIB and has a zero balance, that is all that matters.

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Can the I I was under the impression the lender can report 30/60/90 days up until discharge? I understand the automatic stay to include no contact with the customer after filing but can still consider any acct late right up to the date of discharge by the courts.  Can this be clarified?  Thanks. 

[0REDSOX7]

The automatic stay prohibits contact to attempt to collect a debt as well as prevent new reporting showing collections on your report.

IF you are 30 days late prior to filing, continuing the progression up to discharge is perfectly legal.

How do I know? I spoke to two consumer finance attorneys about how GECRB was reporting payment history - showing a 60/90/120/CO in the payment history section and both advised that is perfectly legal as after 120 days late, they are required to charge off the debt for financial reporting purposes.

[Anonymous]

My 30 days late was for the month of November. I filed in October and also paid them in October because I wasn't sure if I was still going to keep the car. I never had a late or missed payment with them until I decided to give them back the car. They didn't initially put the mark on my credit report until Dec 1st. It's still showing illegally put late payments that are in violation of the automatic stay, however they've updated to say included in bankruptcy.