We just pulled our first credit report post-BK and with all our mortgages, it is a mess. One point I want to get clear, which date the credit reports should use regarding our bankruptcy: the discharge date or the filing date?
Our BK attorney says it should be the filing date. I can't remember the exact words he used but in effect once we filed a temporary discharge was put into effect and the discharge order from the judge made it permanent. In this case a discharge means that we are not liable to pay but the debt or lien is still there, which is true from the time we filed.
Not one entry in the credit report refers to the filing date only the discharge date. Searches on this site and the web indicate it should be the filing date. I looked through White v. Equifax and I think it says discharge date.
Besides not knowing which is correct, many of the mortgages and CCs show late payments between the filing date and discharge date. An adverse reporting that I would like to get off the report, if appropriate.
Comments? Opinions? Court Cases? Thoughts?
Our BK attorney says it should be the filing date. I can't remember the exact words he used but in effect once we filed a temporary discharge was put into effect and the discharge order from the judge made it permanent. In this case a discharge means that we are not liable to pay but the debt or lien is still there, which is true from the time we filed.
Not one entry in the credit report refers to the filing date only the discharge date. Searches on this site and the web indicate it should be the filing date. I looked through White v. Equifax and I think it says discharge date.
Besides not knowing which is correct, many of the mortgages and CCs show late payments between the filing date and discharge date. An adverse reporting that I would like to get off the report, if appropriate.
Comments? Opinions? Court Cases? Thoughts?
Comment