BK law/ code that says creditors cant report late payments after filing date

[elflaco]

And it gets even better for me; one of the lenders reporting charged off and 'X' days late is the second for an investment property that went poorly. They're getting paid as part of our monthly payment to the Trustee.

Wankers...

[ConsumerAtty]

No

No, creditors cannot continue to report late payments after bankruptcy is filed. This practice is known as "re-aging" an account and is a violation of the Fair Credit Reporting Act.

[tigergem]

No, creditors cannot continue to report late payments after bankruptcy is filed. This practice is known as "re-aging" an account and is a violation of the Fair Credit Reporting Act.

Are you positive about that and do you have caselaw to substantiate what you say? One of my creditors is doing this too. And the CRAs are all allowing it.

[TBA]

Most times lates are reported after your bk because errors happen. It usually isnt malicious. All reporting is automated, and if it doesnt get fixed - its a vicious cycle. Fight the urge to take it personal. Write to both the creditor and the CRA. The CRA may fix it, but if the creditor re-reports the info, the CRA may report it incorrectly again. This cycle can usually be resolved if they flag the account for manual review, but it is usually easier to just contact both. If they continue to report incorrectly after you have contact them - they you should use FCRA to resolve as they are improperly reporting an account that should be reflected with a zero bal and an IIB status.

[tigergem]

Most times lates are reported after your bk because errors happen. It usually isnt malicious. All reporting is automated, and if it doesnt get fixed - its a vicious cycle. Fight the urge to take it personal. Write to both the creditor and the CRA. The CRA may fix it, but if the creditor re-reports the info, the CRA may report it incorrectly again. This cycle can usually be resolved if they flag the account for manual review, but it is usually easier to just contact both. If they continue to report incorrectly after you have contact them - they you should use FCRA to resolve as they are improperly reporting an account that should be reflected with a zero bal and an IIB status.

The problem is, it is not "just an error" and it IS done with specific malicious intent by one specific creditor. The trouble is being able to prove that without sounding like a raving paranoid lunatic. The CRA response was their only obligation was to state it as IIB, which it is, but they won't address the ongoing lates.

[TBA]

Read FCRA (the pdf version) on the FTC website. Google the automatic stay rules for bk and creditors - you may find your answers there.

[patches]

Is a creditor allowed to report Credit Limit and High balance amounts after discharge? Sorry if this is in the wrong spot.

[justbroke]

Is a creditor allowed to report Credit Limit and High balance amounts after discharge? Sorry if this is in the wrong spot.

Yes. They just can't report that you owe them money (e.g. a balance), or report that the account is "past due". They can report your old payment history and high balance/limits if they choose.

[LadyInTheRed]

Yes. They just can report that you owe them money (e.g. a balance), or report that the account is "past due". They can report your old payment history and high balance/limits if they choose.

JB, I think you meant to say they just can't report that you owe them money or that the account is past due.

[justbroke]

JB, I think you meant to say they just can't report that you owe them money or that the account is past due.

Ooops... I fixed it!

[ConsumerAtty]

The law is found in the text of the FCRA - 15 USC 1681E(b):

Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the
information concerning the individual about whom the report relates.

If reporting the payments as being late is not accurate, it may be a violation of this section. The first step is to dispute the accuracy of the information with the CRA, via certified mail, return receipt requested.

Hope this helps!

[doni49]

The law is found in the text of the FCRA - 15 USC 1681E(b):

Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the
information concerning the individual about whom the report relates.

When the debt is discharged, it is no longer considered due. If the money is not due, then you can't be late making a payment. To continue to report you as late for a debt that you no longer owe, can not possibly be considered accurate and there's your violation of the FCRA. They MUST REPORT ACCURATE INFORMATION.

[renebabyrn]

I am brand new here, so I'm not sure if I am doing this right. My problem is this- my ex-husband and I purchased a mobile home together in 1998. We divorced in 2001. He was given possession of the trailer in the divorce. I filed for chapter 7 bankruptcy in 2009 and was discharged in July of 2009. The trailer debt was included in my bankruptcy. The creditor tried to get me to reaffirm the debt for the trailer, but I didn't. Ex-husband still lived in it. Fast forward to this past May and ex-husband commits suicide. I find this out because the creditor skip traces me and contacts me at my mother's home. Creditor wants me to give them contact info for the family, which I don't do, and let them know that I have not spoken with the family since my divorce. I receive 3 more harassing phone calls. Subsequent to the last phone call the trailer debt is suddenly back on my credit report, shows a balance of more than $50,000 AND lists it as being repossessed. Does anyone have any suggestions for me? Again, I am brand new here, so I apologize if I didn't post this correctly. Thank you for any guidance you may have!!

[doni49]

I am brand new here, so I'm not sure if I am doing this right. My problem is this- my ex-husband and I purchased a mobile home together in 1998. We divorced in 2001. He was given possession of the trailer in the divorce. I filed for chapter 7 bankruptcy in 2009 and was discharged in July of 2009. The trailer debt was included in my bankruptcy. The creditor tried to get me to reaffirm the debt for the trailer, but I didn't. Ex-husband still lived in it. Fast forward to this past May and ex-husband commits suicide. I find this out because the creditor skip traces me and contacts me at my mother's home. Creditor wants me to give them contact info for the family, which I don't do, and let them know that I have not spoken with the family since my divorce. I receive 3 more harassing phone calls. Subsequent to the last phone call the trailer debt is suddenly back on my credit report, shows a balance of more than $50,000 AND lists it as being repossessed. Does anyone have any suggestions for me? Again, I am brand new here, so I apologize if I didn't post this correctly. Thank you for any guidance you may have!!

1) as far as "doing this right", I would suggest starting a new thread instead of asking a new question in an existing thread. Mostly because you'll have a better chance of getting good replies. But I'll do what I can here for you.

2) You need to dispute the debt with the CRA(s). Tell them the debt was included in bankruptcy--send them a copy of your discharge notice and a copy of your list of creditors (highlight the creditor in question). Send your letter via Certified Mail with Return Receipt.

3) You need to send a Cease and Decist letter to the creditor/collector. Tell them they are in direct violation of the court ordered discharge. Give them your BK case number and tell them what district it was filed in. Their attorney can look up the case in PACER and confirm it for them. Wait 30 days after you get your CMRR card back--then if they haven't stopped you can SUE THEM.

[renebabyrn]

Thanks for the help Don!!