janedoe2 Posted February 21, 2007 Report Share Posted February 21, 2007 Hi everyone,I need help. I did a ch 13 in Jan 2001. I dismissed it in 2002 to sell my house. I did not pay off all my debts thanks to a huge pre-pymnt penalty. 3 major surgeries later and I filed ch7 10/14/05. Bk was discharged 02/2006. This was in Cali. I pulled my report to see that pg&e ,my electric company, added a new derog. It shows IIB with zero balance with opening date of 1993 with the "new" acct#. They say that after my original filing date they "opened" a new acct for me and that one is still due. They say it is for charges from my file date to the closing bill date. I did get a "welcome " letter in june 06 but promptly called them and thought everything was ok. They even apologized for the "error". Is this legal? If it is wouldn't they have to let me know they did this right away, not 6 months later?I also noticed that on one of mine and 2 of DH CRs it shows the 7 as filed 01/01/0001 but not discharged. Is it better to have it show as discharged or should I leave it alone? I wish I never did the 13 but thought it would be better than a 7 at the time. Now my report shows 2 BK's no open TL. Looking at the CR's makes me feel like poo. Link to comment Share on other sites More sharing options...
LadynRed Posted February 21, 2007 Report Share Posted February 21, 2007 Dispute anything that is incorrect about the bankruptcy tradelines. CRA's don't typically list the discharge date, just the filing date.It is typical for utilities to close old accounts that you had at the time you filed BK and to open a 'new' one that would be for all your 'new' charges post-filing.If the 'old' account was included in the discharge of the Ch 7, then they cannot report it as anything but a zero balance with nothing due and IIB. If they 'new' account number was also included in your BK discharge, the same would apply. Link to comment Share on other sites More sharing options...
janedoe2 Posted February 28, 2007 Author Report Share Posted February 28, 2007 Thank you LadynRed.They sent me letter explaining how they closed the original acct and re-opened the new one with the new and old account numbers in big bold print. My questions are:1) Are they allowed to report the original acct for the first time after the discharge? It's never been on my CR before. It just popped-up out of nowhere.They said they did not find out about the bk until 09/06, the same month they first started reporting.They say since they had no knowledge of the bk it is legal and stays.2) I ammended my bk in 12/05. This is when I actually added them. Shouldn't my new account charges be from 12/05 to 01/06 when services stopped?I paid them $200 in March because I never received a closing bill and estimated my charges. Also, the new acct number they referenced in the letter is not the same one they are currently billing me for. They can't even find that account number in their system.Someone over there made a mistake. Is this to my advantage? I have no problem paying them the $202 they want, my main concern is the new neg on my CR. It also shows on DH's CR. It's in my name only but there it is. Is this because California is a community propety state? Link to comment Share on other sites More sharing options...
LadynRed Posted February 28, 2007 Report Share Posted February 28, 2007 1) Are they allowed to report the original acct for the first time after the discharge? It's never been on my CR before. It just popped-up out of nowhere.They said they did not find out about the bk until 09/06, the same month they first started reporting.They say since they had no knowledge of the bk it is legal and stays.If they are reporting it as 'included in bankruptcy' with nothing due, then they can report it. Anything less would be a violation. WHEN they found out about the bankruptcy is irrelevent, but they should have been notified by the court as a creditor. There is case law to support that WHEN they found out is irrelevent, illegal collection activity, which includes negative reporting, is a violation of the stay and then your discharge.2) I ammended my bk in 12/05. This is when I actually added them. Shouldn't my new account charges be from 12/05 to 01/06 when services stopped?Yes.It also shows on DH's CR. It's in my name only but there it is. Is this because California is a community propety state?Yes, and because he lives in the house and is therefore equally liable for the services. The NEGATIVE reporting on a discharged debt is ILLEGAL and it shounds like it may be time to drive that point home to them. Link to comment Share on other sites More sharing options...
janedoe2 Posted March 1, 2007 Author Report Share Posted March 1, 2007 Thank you again Link to comment Share on other sites More sharing options...
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