ColSandurz

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Everything posted by ColSandurz

  1. I filed a BK back in February of 2013 and it was discharged in June of 2013. I am now in the process of trying to clean up my credit reports. At the time of my filing, I hired a BK attorney and he had me include all of my creditors in my BK (including those that I knew would not be discharged, such as student loans). I am not sure, but it's possible that I might legally be required to include all of my creditors in a BK (at least in my state of NJ). Anyway, as expected, the student loans were not discharged (even though the discharge order from the court makes no mention one way or another
  2. I guess my issue here is that everyone tells me something different about whether they are reporting correctly or not. I've posted this question on a few forums, as well as done as much research online as I could, and there doesn't seem to be any clear consensus about whether creditors/furnishers can report things like late or charged-off after a BK filing. Some places say they can, some say they can't. It'd be great if there was some rule or law or regulation that addressed this specifically, but I'm guessing at this point that such a thing doesn't actually exist, since if it did the answe
  3. Thanks for the information. While I get that the account will still show IIB and this trumps everything else, I'd still like to get the history accurately noted, if thats even possible. This is the latest response from the creditor: "please be advised that we have reported the account properly in accordance with the Fair Credit Reporting Act §623 Responsibilities Of Furnishers Of Information To Consumer Reporting Agencies [15 U.S.C. §1681s-2] (a) Duty of Furnishers of Information to Provide Accurate Information. This section generally states that the "furnisher of information", <CREDITO
  4. Sorry - I have no idea what you mean by this (including what a DOFD is)? Also, while the listing on the Experian report does show as IIB and a $0 balance, I'd still rather just get it fully correct - does that make sense? It seems that this is an issue that has come up before (per the Lovern and McCorkell letters). Am I in the right here in that the creditor should not be listed it as further late or charged off after the filing date, and if so, how can I get them to fix it? Thanks!
  5. Sorry, after a bit more research, I thought that it was the filing date that prevents further activity (i.e. automatic stay). From what I can tell, a charge-off after the filing date shouldn't be allowed, should it? Additionally, I just looked, and I have a credit report that I ran for Experian on 8/6/2013 (well after my discharge date) that shows 30 days late in February, and then closed in March and April (and no data beyond that) - but a more recent credit report from Experian shows 30 days late in Feb, 60 days late in March, No Data in April, and Charged Off in May. Obviously, it wou
  6. I'm just wondering what obligation (legally speaking) the credit bureaus have in removing incorrect/inaccurate information - specifically when the information is incorrect or inaccurate, and yet after disputing this with the credit bureaus they still keep it on the credit reports (either because they stated they received confirmation from the creditor it was accurate or for some other reason). And is there any recourse aside from a lawsuit? Or is a lawsuit against the credit bureaus even allowed when they won't remove incorrect/inaccurate information, or do you have to sue (or otherwise c
  7. So I guess that the private loans can't be discharged easily - which means that the collections agency is OK to come after me - still, it would have been nice if my attorney had bothered to inform me this could happen instead of being blindsided by it months after my BK.
  8. How do I see when they added the negative entry though? I'm assuming if after the June discharge they went back and adjusted it to show it charged off in May, that would be a violation, but how can I tell? And then what can I do about it?
  9. Clydesmom - thanks for all the info. Would you be able to provide some reference to bankruptcy law (or other documentation) that I could use when contacting the attorney or trustee? I just want to make sure I have something to back up my argument when contacting them. Thanks again.
  10. I was under the impression that all student loans couldn't be discharged through Chapter 7 unless you went through a lot of hoops and could demonstrate significant hardship. Prior to the BK I had a federal consolidation loan, a state loan, and two private loans (being serviced by the same company). After the BK, I still have the federal loan and the state loan, and one of the private loans is still being serviced by that same company and I'm still making monthly payments on it, but the other private loan was apparently paid in full by the insurer of it, and then they sent a collections fi
  11. Can you provide some further information? How would the insurer coming after me for a non-federally backed loan be possibly in violation of the BK? Thanks!
  12. Sorry - not sure what you mean by "no problem" - do you mean that there's nothing I can do? I thought that once I file for BK, they can't really do anything like list my account as past due or charged off (i.e. automatic stay) and then after the BK is discharged that automatic stay turns into an permanent injunction (or something along those lines) ?
  13. But are accounts with a $0 balance actually creditors since I don't owe them anything? I included them in the BK filing per my attorney, but now they show up on my credit reports as "included in bankruptcy" (IIB) despite me not having owed anything on them, and I'm concerned that the more items that show as IIB on my credit report means a lower credit score when some of them might not have needed to be included. For instance, couldn't I have just closed any accounts with a $0 balance before filing BK and then they wouldn't show as IIB? As far as the student loans go, while I agree I should
  14. Sorry, I should have mentioned that this account shows as "included in bankruptcy" (IIB), and yet it also shows as late and eventually charged off (after the bankruptcy was filed). So I'm wondering if that's allowed?
  15. I've done a bit of reading, both on this forum (http://www.creditinfocenter.com/community/topic/242666-negative-reporting-on-discharged-debts-updated/) and elsewhere (specifically the Lovern and McCorkell letters referenced on this forum), but am still unsure as to whether a creditor can list a discharged debt as charged off. I filed my bankruptcy on 2/28/13, and it was discharged on 6/14/13. According to my most recent credit reports (pulled just a few days), one of my creditors shows me 30 days late as of February, 60 days late as of March, No Data in April, and then the debt Charged O
  16. Last year I had to file for Chapter 7 personal bankruptcy. Having never done this before, I retained a bankruptcy attorney that I assumed would be an expert in doing this. While the bankruptcy was discharged without any real difficulty, it seems as if the instructions and assistance he provided had some serious flaws in them, including: - instructing me to include all accounts in my bankruptcy - I'm not sure if this was the correct thing to do, especially since now accounts that I had a $0 balance with and could have simply closed are showing on my credit reports as "included in bankruptcy" a