Negative reporting after automatic stay...

[jesd00]

Hi All ~

I'll try to keep this brief. I filed Chapter 7 in April and was discharged at the end of July without incident.

About half of my creditors reported "ND" (no data, or blank) on my credit report following my filing date. The other half continued to report 30, 60, 90 days late, and "KD" (key derogatory) up until discharge.

Opinions on the matter within this forum seem to vary. Some believe that continued negative reporting after filing is a violation of the automatic stay, some do not. I sent certified letters to the credit bureaus and the 7 creditors requesting that the negative reporting be removed due to the automatic stay. Nothing was corrected and no explanation was provided by any of them.

Thoughts?

If you are of the opinion that the negative reporting IS in violation of the automatic stay, can you recommend some additional ammo for my dispute? Or perhaps link me to a documented rule or statute?

Thanks!

[backtoschool]

If you were late before you filed bk, then the creditor can report the account as a charge off up to the date of discharge. If you were never late on the account before bk, then the account should read, closed, included in bk.

[ben1381]

I also have the same issue. backtoschool any sources for the information you have given?

[Amy26]

We have been talking about this very topic in a few different threads in the past few days. Backtoschool is correct and if you were not delinquent before you filed for BK they cannot report it as such after your file date. I believe there is a FCRA that you can cite if they do not fix this and it comes back as "validated". I have to go find it though.

[gretna1970]

We have been talking about this very topic in a few different threads in the past few days. Backtoschool is correct and if you were not delinquent before you filed for BK they cannot report it as such after your file date. I believe there is a FCRA that you can cite if they do not fix this and it comes back as "validated". I have to go find it though.

Any luck finding where in the FCRA it states this? Experian is being very difficult.

[IBroke]

Any luck finding where in the FCRA it states this? Experian is being very difficult.

I don't think it's a violation of the FCRA. The way I see it, it's a violation of the automatic stay and therefore, a violation of the bankruptcy code.

Here's a thread from this forum:

http://www.bkforum.com/showthread.ph...er-filing-date

[Amy26]

Well the actual reporting of it is not a FCRA violation but I believe validating incorrect information is... I need to look into this myself because I have a similar problem. My IIB accounts are reporting dates of delinquency after my file date and charge offs and the credit bureaus are coming back with "verfieid". So, I will now need to send nasty letters to the original creditors and will need to cite things as well. There is another forum that has a lot of info on disputing. If you want the name of the forum pm me.

[jesd00]

All - Just an update:

I had sent certified letters to all 7 of the creditors and October and as of now, none of them have replied. I also sent letters to Experian (no errors on Equifax or Trans Union). Experian promptly sent me a copy of my credit report with a note that they would have each of the creditors investigate. About a month later I received another copy of my Experian report with a note that said "look on the next page for all of the corrections" and none were noted.

Yesterday I sent a letter to my state Attorney General's office asking for help. We'll see how this goes.

[ben1381]

I have filed a complaint with the Comptroller of the Currency against Chase over this issue after their executive office refused to make changes over these types of issues. I'm awaiting a response from them.