So I filed for bankruptcy alone and my spouse had some credit cards that were discharged with my bankruptcy so they were included as a "phantom discharge" even though my spouse didn't file. All the cards were paid on time at the time of filing but obviously since the filing no payments have been made to the cards and the accounts have been closed and charged off. The credit bureaus are reporting late payments from the month after filing until now ( almost 12 months) so there are 6 tradelines that show 3-6 "late payments" before being charged off, and some are still reporting lates past 120 days without showing as "charged off" yet. So now my spouses scores are 520, 540 and 580 from the Fico 8 score model.
My question is are late payments allowed to be reported for so long past 120+ days?
This debt itself is discharged but the person's who owns the tradeline wasn't the actual bankruptcy filer, can they fight any of these lates per the FCRA?
Have you ever heard of credit card companies negotiating removal of lates for partial payments of the debts after already being charged off?
The age of credit history is already low(3 years) would adding tradelines to increase the credit utilization ratio just hurt the credit score even more?
For now. Here's a pretty good read. Especially if any of the debts had your spouses name on the accounts.
"When your spouse files for bankruptcy protection from his creditors they will no longer be legally allowed to attempt to collect the debt…from him."
If you are just an AU on these cards dispute them this way "I am only an AU, nt responsible for repayment of the debt, delete these from my credit file"... If you were joint then they must show as IIB for you and all further lates cease in the month the BK was filed.