Negative reporting on discharged debts - UPDATED

[wzelewsky 10]

When you file for BK ALL debts MUST be included. You cannot exclude anything, so the notation of 'included in bk' IS correct.

OMG! I got the report back from today and they TU clamed that they deleted my CitiMortgage and it was never reported on TU! How can they delete something that wasnt there. Peoples Energy was suppose to be listed in BK and they have it listed in Paid account closed. And they said they verified a CA that amount was 390.00 and my husband called them yesterday to see if they would be willing to go into a settlement. Which he didnt agree to on the fact that they told him the bill was 399.00.

Could I get some H.E.L.P Please

[LadynRed 325]

Why would you throw money away on a settlement on a debt that they can NEVER collect on ??

If the CRA 'verified' the collection, then it's time to go after the CA. Their reporting is a violation, hold their feet to the fire to get it reported CORRECTLY. There is no 'bill', the debt is discharged.

[2007hopester 10]

I was an AU on a Cap1 account in my wife's name that was discharged in her BK

3 years ago and it is reporting as "30 days past due" to two of the CRAs.

Is this legal?

[LadynRed 325]

A discharged debt cannot be 'past due'. So the question then becomes, IS the account listed as 'included in bankruptcy' and is this 30 day late notation dated before or after the bankruptcy ?

[mandi123 10]

I recently completed chapter 7 and am in the process of getting everything cleaned up. Looking forward to a fresh start.

I know from LadynRed's posts that credit card companies must show a zero balance once included in CH7, but can they post the credit limit and the high balance in the TL?

Of course once I stopped paying the accounts, they added penalties and outrageous finance fees, so it shows that I went massively over my credit limit.

Can I dispute either the credit limit, high balance, or both?

Are there any other verification requests I can make either to the CRA or directly to the credit card company that might cause the item to "go away"? (with a little luck )

Thank you.

-M

[LadynRed 325]

can they post the credit limit and the high balance in the TL?

If that is historical data, and it's accurate, yes.

Can I dispute either the credit limit, high balance, or both?

You can dispute anything that is inaccurate.

Are there any other verification requests I can make either to the CRA or directly to the credit card company that might cause the item to "go away"?

No, you have to follow the dispute process.

[mandi123 10]

I have no way to verify if the information is historically correct other than by disputing it with the CRA's, which of course say it was "Verified".

The credit card companies stopped sending me statements, but the balances dramatically increased afterwards over a relatively short period of time.

Is there any way I can dispute directly with the original creditor the balance history, so they have to provide documented proof of the balances (and the undisclosed fees, etc.)

If they can't provide proof to me, can they still report it? How do I then get them to stop?

Thank you.

[iomega71 14]

If the OC reports collections after bankruptcy and you dispute, does it renew the account on your CR and place a current date? Thanks to your information I am currently going through and disputing everything that does not show IIB and has a $ amount instead of 0 in 'Balance' area.

OS2

[LadynRed 325]

If the OC reports collections after bankruptcy and you dispute, does it renew the account on your CR and place a current date?

No, it does not 'renew' the tradeline. If the date gets changed, its likely an attempt to illegally re-age the TL.

Is there any way I can dispute directly with the original creditor the balance history,

Yes. Dispute with the CRA's FIRST. Once they're done with their pathetic 'investigation', you can dispute directly with the FURNISHER of the information. Whether or not you'll get the kind of proof you're looking for though is doubtful. Might take a lawsuit to get that info.

[myhearts07 10]

Hi LdynRed,

Got your name and this forum from a friend on Myfic.com forums named Noah Bodie. He recommended you highly, so I hope you can help me. On Oct. 13, 2001, all of my creditors were served via first class mail that I was had filed Chpt. 7 BK. One of the companies, American General Finance, sometime in that same month, filed a judgment against me. This account was later discharged but the judgment was never removed from my credit report. Is this legal for them to do as it was not on my credit report prior to filing for bk protection. Again, they did this the same month that I filed the BK. What are my rights as far as getting this judgment removed?

Thanks for any help.

Evelyn

[rro 10]

Hi LdynRed,

Got your name and this forum from a friend on Myfic.com forums named Noah Bodie. He recommended you highly, so I hope you can help me. On Oct. 13, 2001, all of my creditors were served via first class mail that I was had filed Chpt. 7 BK. One of the companies, American General Finance, sometime in that same month, filed a judgment against me. This account was later discharged but the judgment was never removed from my credit report. Is this legal for them to do as it was not on my credit report prior to filing for bk protection. Again, they did this the same month that I filed the BK. What are my rights as far as getting this judgment removed?

Thanks for any help.

Evelyn

If all you want to do is remove the TL for the judgment, file a Motion to Vacate as the original debt was included in the ch7. They were actually in contempt for violating the automatic stay if they continued with the lawsuit after you already filed, they should have terminated the court date upon receiving the notice from the court. It all depends on if they had their day in court Before or After you filed whether they were actually in violation. You didn't really specify other than to say they filed a judgment in the same month you filed your ch7, they had to have a court date first to receive the judgment first.

[JTsdaddy 10]

my BK was done on may 2006, but an example of One of my tradelines reads

petition for chapter 13 BK/collection account 760 past due as of jun 2007

recent balance 760.00 as of 06/2007

is this a violation

[LadynRed 325]

Yes. If the Ch 13 paid all of the debt or even if part of it was discharged, there can be no lates on a discharged debt !

[JTsdaddy 10]

Ok My one BK shows a past due of 608.00 and derogatory condition is this allowed

[LadynRed 325]

No, it's not allowed. A discharged debt can't be past due. It should show IIB, zero balance and NO lates or derogs after your filing date.

[JTsdaddy 10]

do I dispute with the CRA first as Inaccurate reporting due to BK 13

[JTsdaddy 10]

Yes. If the Ch 13 paid all of the debt or even if part of it was discharged, there can be no lates on a discharged debt !

They have not made a payment to them as of yet

[LadynRed 325]

Always dispute with the CRA first.

[JTsdaddy 10]

here is an example of what im talking about.. I just wanna be sure before I do something dumb chapter 13 was done june 2006 do I tell them exactly what I want... should read a ZERO balance not 728

[LadynRed 325]

You say debt was included and discharged in bankruptcy. There can be no collections on a discharged debt. It should read 'included in bankruptcy' with a zero balance.

[JTsdaddy 10]

If I am correct a discharg is after its all paid, this is still in the process of being paid, so I dont believe its been discharged

[LadynRed 325]

In a Ch 13, you are discharged when the plan is completed. It doesn't matter if 100% was paid, most plans aren't 100% repayment on unsecured debts. That percentage NOT paid gets discharged when you're finally done with your plan.

[Moriah4 181]

LadynRed

Many Thanks for your information and your patience!

You deserve Gold Stars!!!

[Mightore 10]

Thanks a bunch LIR; great thread answered all the questions I had.

[socalmomma 10]

I am a newbie here and I was wondering if there are any sample letters of what to say to the CRA's and the OC's about the accounts that have been illegally reported after your discharge?

Thanks