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

[NY1]

Does anybody know the BK law/ code that says creditors cant report late payments after filing date? I would like to include this in my dispute letter.

[StartingOver08]

Look at this link, it has the specific cases for violations of the discharge order and the automatic stay. Reporting lates after the filing date is a violation of the automatic stay.

http://www.myfaircredit.com/forum/viewforum.php?f=87&sid=fd6ba9e59f6f5f045564166d50384996

Look at that entire site (go back a page) and you get all kinds of cases for every kind of reporting error or abuse.

[justbroke]

It's in 11 USC 524, but doesn't say, in English, you can't report late payments after filing. What Section 524 does go to, is any act to force you to pay. Many courts have ruled that placing or continuing to place negative entries on a credit report, is an attempt to collect the debt through coercive means.

11 USC 524(a)
.
.
(2) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor, whether or not discharge of such debt is waived

[NY1]

thanks guys !!

[Tom_Mi]

My understanding has been that lates can't be reported after discharge. When I disputed my post-bankruptcy lates, the bureaus all fixed the account (changed to IIB) and removed lates post-discharge.

but my lates up to discharge stayed.

[StartingOver08]

Tom, its after filing. Not after discharge. Look at that link for the case that supports that position. In the meantime I will look also if its a little quicker. BTW, I got all the lates after filing removed from my report by disputing. They can report the accurate history up to the filing date. Then the automatic stay is put in place, then the discharge (if the BK 7 is successful).

There is also a guideline for the CRA's (Metro 2) that describes what they are allowed to report on a discharged debt: iib and zero balance. No history beyond the filing date.

Remember the CRA's represent the creditors. The Data Furnishers rely on our not knowing the process. Its up to you to represent your interest. The CRA's are not going to do it.

[Stilltheone]

So a mortgage company can't report you as late if you didn't reaffirm? We are always 45 days late, but they haven't reported it that I know of.

Also, can an auto loan company report if we reaffirmed?

[justbroke]

So a mortgage company can't report you as late if you didn't reaffirm? We are always 45 days late, but they haven't reported it that I know of.

No, since the debt is discharged.

Also, can an auto loan company report if we reaffirmed?

Yes, since the debt is not discharged.

[Stilltheone]

Thanks JustBroke!

[blerg]

Tom, its after filing. Not after discharge. Look at that link for the case that supports that position. In the meantime I will look also if its a little quicker. BTW, I got all the lates after filing removed from my report by disputing.

This is the information I was looking for today... more specifically, when people's accounts on their credit reports started showing IIB and creditors stopped reporting as delinquent. I filed on Ch 7 on 11/6 and had my 341 this past Tuesday 12/8, and as recently as yesterday several of my creditors are still reporting accounts as delinquent... none are showing IIB.

Should I -- or rather, do I need to -- dispute each of these delinquent accounts individually through the credit reporting agencies in question? Or do I write a letter to each creditor? Or both?

[justbroke]

Should I -- or rather, do I need to -- dispute each of these delinquent accounts individually through the credit reporting agencies in question? Or do I write a letter to each creditor? Or both?

Just dispute them online. If you prefer, you can wait until discharge, and do them all at once. Otherwise, you may have to go back and "clean" up the credit report again, after discharge.

Most of my account reads IIB or "Wage Earner Plan" within 2 months of filing. Of those, the majority were/are listed as IIB.

[NY1]

just broke...Is it okay to start cleaning up my credit report before my discharge date for things such as late payments that were posted after my filing date?

[justbroke]

just broke...Is it okay to start cleaning up my credit report before my discharge date for things such as late payments that were posted after my filing date?

Nothing stops you from doing that. Have fun! (Yes, it's okay to do this whenever you want. Please be aware, though, that some Credit Reporting Agencies don't let you dispute an account more than once in a certain period of time. In these cases, where you have to re-dispute, you may need to do so in writing.)

[tigergem]

Look at this link, it has the specific cases for violations of the discharge order and the automatic stay. Reporting lates after the filing date is a violation of the automatic stay.

http://www.myfaircredit.com/forum/viewforum.php?f=87&sid=fd6ba9e59f6f5f045564166d50384996

Look at that entire site (go back a page) and you get all kinds of cases for every kind of reporting error or abuse.

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Could not connect to the database

How sad. Sounds like it might have been a great resource.

[StartingOver08]

tigergem, I just went to the site and saw the same thing you did. I have never had a problem accessing the cases before today. Maybe its just a temporary site glitch? I don't know. I would be a shame to lose that resource as the case law was neatly organized into the appropriate catagories for credit disputes.