can a creditor report ballance or 90 days past due on debt in chapter 13

[Ron55]

I have some creditors on my credit report reporting 90 days past due and one money owed still even thou they are in my chapter 13 that will be finished this month can they do that?

[LadyInTheRed]

If you were not yet 90 days past due at the time you filed, I don't think they can. I just filed a dispute of a 30 day late entry on my report for a payment that became 30 days late 6 days after I filed. I'll report back how that turns out.

[rdknipp]

Any thoughts about showing past due and current balance in a chp 13? I'm seeing it on some of my bankruptcy clients after the filing date and even after the confirmation of the plan? They aren't continuing to report monthly but it still shows. In your opinion a violation that needs to be disputed?

[rdknipp]

Wanted to clarify that it is on unsecured debt.

[LadyInTheRed]

rdknipp, the creditor I mentioned above also showed a past due balance. As a result of my dispute, they removed the 30 days late notation and revised the past due amount to zero. However, they still show a balance due. Some of my credit cards show a zero balance and some show the balance at the time of my filing. I think it is okay for them to show a balance until the debt is discharged. After all, the debt doesn't go away until it is actually discharged. But, that is just based on logic, not any knowledge of the law on credit reporting. The law doesn't always seem to follow logic.

[catleg]

In my opinion, once a debt has been sold the original creditor can no longer report a current balance, they are owed zero by the former customer.
So as you pass through B K you may be able to dispute a few tradelines this way. I would always approach Trans Union first and hit them in writing,
seems more likely to succeed.

[rdknipp]

Some very good thoughts, thank you. It'd be nice to find a way to get rid of those current balances. Ultimately I guess it doesn't matter too much as it should not survive the discharge (unlike the delinquencies) and the debtor isn't suppose to be incurring debt in a 13.

Have either of you came across any case law in Chp 7/Chp13 that state they need to stop reporting on the date of filing vs the date of confirmation/discharge. I'm disputing one of my clients who has 18 extra delinquencies/6 extra derogatories(charge-offs) over 6 different account tradelines reported after she filed, but before the discharge in a chp 7. This seems like a violation of the automatic stay and unfair to me, and surely has been litigated before.