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Post bankruptcy credit reporting questions

yougoglencoco
Established Member

Post bankruptcy credit reporting questions

1) My husband filed for bankruptcy in 2016, and it was discharged in August. I noticed on his credit report a medical collection added in September of 2016.  On Experian, it shows as a collection with no mention of bankruptcy, but Equifax and Transunion do say account discharged in bankruptcy.  How do I get Experian to change that?  Can they add a collection account for from before the bankruptcy to a CR after the bankruptcy is discharged?

 

2) He had a First Premier credit card post bankruptcy. It had a $500 limit. One day I went to make the payment and they had closed the account. We still payed the full payment, and now I see it is marked as a charge off on his credit reports. We didn't question it much at the time, just paid and moved on.  Not sure why they closed the account, but is it considered a charge off if it was paid in full before the due date even?  There are no late payments marked, just OK, OK, OK, CO.

 

Any advice for these two items?

 

Thanks!

 

 

 

Message 1 of 4
3 REPLIES 3
RobertEG
Legendary Contributor

Re: Post bankruptcy credit reporting questions

1.  Accounts for which the debt has been discharged under BK must update the balance to $0, and cannot continue to report new delinquencies after the date of discharge.  However, delinquencies that occured prior to BK can still be reported, or if previously reported, are not required to be deleted.

A collection can remain in your credit report after BK, provided the debt collector obtained collection authority prior to BK.  However, it must then be updated to show $0.

 

2.  Are you asserting that the account was not delinquent when it was closed and/or charged-off?

The absence of reporting of monthly delinquencies or of any charge-off is not, per se, evidence of no account delinquency.

What was the actual billing status of the account when closed, when charged-off, and when paid?

Message 2 of 4
yougoglencoco
Established Member

Re: Post bankruptcy credit reporting questions

No, the First Premier account was not delinquent.  All payments were made on time, mostly in full, and then I logged in to make the regular payment one day and the account was closed. Now I see that they reported it as a charge off. I still paid it in full that day, before the due date would have been even.  

 

So, for some reason the account was closed by First Premier and even though he had a positive payment history, is reporting negatively.

Message 3 of 4
RobertEG
Legendary Contributor

Re: Post bankruptcy credit reporting questions

If the account was never delinquent, then any reporting of a charge-off would be inaccurate.

I would file a dispute of the accuracy of any reporting of delinquency or a CO, supported by billing statements that show that the account was never delinquent.

Message 4 of 4
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