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    Violation of Stay Question

    I filed Chap 13 BK in July 2007 and everything was going fine until this year. It was originally a payment plan of 5 years and I'm on target to pay it off around 2 years early. The problem I am now having is that one of my creditors is now reporting one of my accounts as charged off with huge past due balance. I contacted each credit bureau and each verified it as correct. I challenged it and provided proof and again each bureau said it is correct. I then contacted the creditor and sent a letter challenging the reporting. The creditor then "investigated" and found the reporting to be correct. I phoned the creditor and they said it was "charged off" in 2009 (two years after I filed although they were receiving payments thru the BK). I then called the bankruptcy analyst who filed the claim in my BK case and asked her and she said it should not have been charged off and the report is wrong. I have been doing my best to work with the creditor and they just seem to be stringing me along...I have called multiple times in an attempt to resolve, but no luck. I've been told this is a violation of the automatic stay because the account was charged off after I filed BK and it is being reported on my credit report after I filed with a balance past due and it is showig as current each month of 2010. The credit bureaus each have stated this "current" charge off from 2009 is killing my credit b/c it is showing it as a present and new debt charge off. Prior to the creditor reporting the account as charged off my credit score was 50 to 80 points higher. Any help or ideas?

    #2
    I would contact your BK attorney and ask him/her to take care of it. It is part of his/her duties. They will need to contact the creditor and straighten it out; and if you are correct about the late chargeoff being a violation, then you may have a potential suit, IMHO.

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