Bankruptcy/ Charge offs / False information

[machie]

Hi all

I had filed for chap 13 about 1 year ago (Stupid me) the case was never confirmed, I was paying a monthly plan up until a couple months ago, but there were other issues arising that the trustee was making life a living hell, so on my lawyers advise I withdrew and the case was dismissed (we didnt convert it to chap 7 for personal reasons).

In the end of October I pulled a credit report from all 3 and while reading it I noticed quite a few things

1) One of my OC shows me as Status: Petition for Chapter 13 Bankruptcy/Never late. How can they show that if to my knowledge they we're kept out of the plan and I was paying them every single month?

2) Can a OC report it and/or a CRA report a Charge off / Bankruptcy if the case has never been confirmed?

3) Can a OC that was listed in the bankruptcy report a charge off and a CRA show on the report a while in the middle of the bankruptcy (before it was dismissed)?

4) If I pull another report, say in a month, and since now the case is dismissed and they still show charge off, bankruptcy's as their status , should I take steps to get that changed, even though it may brew some of the creditors to come after me now?

[ShineOn]

I am no expert but from my experience I would suggest that you pull all three reports, call the trustee and ask for a copy of your disbursements and then dispute everything you can while you try to figure out who you might owe money too.

I suggest calling the trustee because I always got replies quicker when I called them directly instead of using my lawyer.

GOODLUCK

[LadynRed]

1) One of my OC shows me as Status: Petition for Chapter 13 Bankruptcy/Never late. How can they show that if to my knowledge they we're kept out of the plan and I was paying them every single month?

Because you DID FILE a bankruptcy, it's as plain and simple as that. Regardless of whether or not they were being paid inside or outside the plan, the bankruptcy is a fact.

2) Can a OC report it and/or a CRA report a Charge off / Bankruptcy if the case has never been confirmed?

Of course they can. Was the debt charged-off before you filed ? Reporting a CO during the bk would be a violation of the automatic stay, but since your case was dimissed, you're basically back to square one pre-bk ground.

3) Can a OC that was listed in the bankruptcy report a charge off and a CRA show on the report a while in the middle of the bankruptcy (before it was dismissed)?

See answer to #2

4) If I pull another report, say in a month, and since now the case is dismissed and they still show charge off, bankruptcy's as their status , should I take steps to get that changed, even though it may brew some of the creditors to come after me now?

Your creditors may still report that you DID file for bankruptcy. The notation may change to 'dismissed' too. You can dispute anything you want to, just don't expect a lot of fast changes. Since your case was dismissed, you are wide open to continued collections - and they will try !