How are chapter 13 tradelines supposed to report?

[mike258]

Sorry if this topic has been covered before.

How are chapter 13 trade lines supposed to be listed on a credit report? I have a chapter 7 that was converted to a 13. Most of my accounts still report as IIB Ch 7 with a zero balance, two report as a wage earner plan with with a zero balance and two report as a wage earner plan with a past due amount and with a balance.

I'm concerned about the accounts listed as past due with a balance. Can they do this?? It's Capital One and they are listing the entire balance as past due.

[jcj112562]

All tradelines should list as IIB or Wage Earner Plan, with a zero balance *after* the discharge. Why one would care how they list when in a Ch13 is beyond me...but after discharge, when you can actually think about getting credit again, they should all be reported as above with a zero balance. Until you are discharged, the debts/collections still exist, but are uncollectable due to the automatic stay. One must successfully complete the plan to have them discharged, and that is not exactly a common occurrance, or so I have heard. Your mileage will vary.

John

[LadyInTheRed]

CapitalOne listed my balance as past due too. They also reported me as 30 days late even though I was not 30 days late as of the time I filed. I contested the listing and they corrected it. It still shows a balance, which is correct since I'm still in BK. But, it no longer shows the entire balance (or any amount) as past due.

Why one would care how they list when in a Ch13 is beyond me

For me, it was mostly curiousity of how things were listed. I also prefer to fix any errors now rather than later. I was pleasantly surprised to see my car loan which is included in the plan listed as "payed as agreed" with a zero balance. That will help my score after BK.

[mike258]

Why one would care how they list when in a Ch13 is beyond me...

John

Because your credit report is used for other things besides getting credit cards....like insurance and employment. If something is wrong, I want it fixed.

[sofarsogood2]

Our mortgage was discharged in our 13. Case closed, most creditors reporting correctly except mortgage company.They have us listed 180+ late. We were discharged a year ago. I tried calling and explaining that they can't report that, but they insist they are correct in doing so. At one point, about 7 mos. after the discharge, they had it listed as IIB- zero balance, but suddenly, this month it's back in the open accounts on the CR.

One customer service rep. told me I signed a reaffirmation-NOT! Another one told me now that I am discharged, the loan reverts back to it's original status and they can sue me for deficiency and report me as late. Another one said they applied for a relief from stay so they can report it now- but it's already discharged!?

I need to get my credit fixed as we will need a car soon, but this 180 days late is killing my credit. Not a fresh start at all.
Originally, we tried to keep up with the payments and stay in the house, but we have suffered further pay cuts and just can't do it anymore- but their threats are making me a nervous wreck. I can fax them my schedule D and discharge order, but is there some statute that I can quote to get them to fix the credit report? I have searched for some case law or something, but all I can find are "comments" that they can't do this- nothing legal-like.

My lawyer is tough to get a hold of as we are 1 year post discharge, she has finished her job and I'm sure she is very busy- I'm not even sure she understands the credit report issues after BK. At this point I'm not sure that I understand it correctly. I thought once you are discharged, they can't pursue in personam- including derogatory credit reporting.

Some one mentioned intent- and we tried to keep paying, just can't anymore, but definitely did not sign a reaffirm agreement. Where do I stand? what should I do? I thought this was behind us...... I feel sick...