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Chapter 13 creditor


Lostinmd67
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Hello- I filed Chapter 13 in January 2010. I am almost done with my plan. However, one of my creditors who filed a claim in 2010 later forgive the debt in 2013. This creditor was classed as nonsecured. My question, upon reviewing my credit report, is whether the CBs should report this debt as as CO or included in Bk? The creditor, CitiMortgage, is reporting this debt as a Chargeoff.

Thanks for any guidance on this.......

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Hello, this was a second mortage which was stripped. They were then moved to non-secured creditor. This all took place in 2010. Out of the blue in 2011, I received a letter from Citi releasing the lien and recordation of the release of the lien with the county. In the period before, I repeatedly received letters from them stating how low the payment was and requests for payment. I ignored the letters asking for payment as the order granting the strip or cramdown had been sent to Citi.

Because I am almost at the end of my plan, I ordered all three CB reports, Citi is reporting settled on Experian, Charge-off on Equifax and Transunion. Just trying to determine whether this is legal, as a CO will stay on my report longer than in BK would have. My attorney is not helpful or responsive.

Thanks for any advice.

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As part of your BK 13, did you make any reduced payments to Citi?

No payments were made post filing date January 2010. They were a second mortgage stripped. I received the order granting the strip in May of 2010. By the way, they never withdrew their claim, despite forgiving the loan. The trustee recently began paying them, as a non-secured creditor. I had to ask my attorney to file an objection. They have yet to return the 368.00 they received.

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It should not report as charged off.  The fact that CM decided to release the lien early (your BK order does not actually strip the lien until you complete the plan) does not allow them to report negative information on your report in violation of the stay. 

 

Dispute it.  If it comes back verified, then talk to your bk attorney.  You could seek sanctions if you wanted to make an issue of it.

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It should not report as charged off.  The fact that CM decided to release the lien early (your BK order does not actually strip the lien until you complete the plan) does not allow them to report negative information on your report in violation of the stay. 

 

Dispute it.  If it comes back verified, then talk to your bk attorney.  You could seek sanctions if you wanted to make an issue of it.[/quote

Thank you so much ... I figured this was incorrect. CitiMortgage verified the reporting as accurate. Next step is talking to my attorney.

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